The Death Penalty in the OSCE Area death penalty as an instrument of punishment”, comprising members of both chambers of the Belarusian parliament.38 As a result, the Parliamentary Assembly of the Council of Europe decided to suspend high-level contacts with the Belarusian parliament and governmental authorities, noting a “lack of progress towards the standards of the Council and a lack of political will to adhere to its values”.39 Belarus then told an OSCE Permanent Council Meeting in July that “in Belarus, too, there is a movement in favour of gradually limiting the application of (capital) punishment” and that “the Belarusian authorities and, in particular, the national parliament are continuing to give this subject the attention it deserves in order to gradually pave the way for an examination of the possibility of introducing a moratorium on the death penalty”.40 Legal Framework The Constitution of the Republic of Belarus provides that, until it is abolished, the death penalty may be applied in accordance with the law as an exceptional penalty for particularly serious crimes, and only as stipulated in the verdict of a court of law.41 The Criminal Code states that the death penalty may be imposed for severe crimes connected with the deliberate deprivation of life with aggravating circumstances.42 The death penalty is applicable to 12 crimes in peacetime and two additional crimes in times of war.43 Moratorium There is no moratorium in place on either the handing down of death sentences or on executions. 38  “Belarus - death penalty: PACE President welcomes creation of a parliamentary working group”, Council of Europe, press release - 095(2010), 4 February 2010, <https://wcd.coe.int/ViewDoc.jsp?id=1580573&Site=DC&BackColo rInternet=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864>. 39  PACE suspends its high-level contacts with the Belarusian Government and Parliament, PACE website, 29 April 2010, <http://assembly.coe.int/ASP/NewsManager/EMB_NewsManagerView.asp?ID=5513>. 40  OSCE Permanent Council Meeting, Statement by the Republic of Belarus, PC.DEL/656/09, Vienna, 30 July 2009. 41  Article 24 of the Constitution of the Republic of Belarus, 27 November 1996. 42  Article 59(1) of the Criminal Code, 9 July 1999, amended on 17 July 2006. 43  The death penalty is envisaged for the following crimes: “unleashing or conducting a war of aggression” (Article 122 part 2 of the Criminal Code of Belarus), “murder of a representative of a foreign state or international organization with the intention to provoke international tension or war” (Art. 124 part 2), “international terrorism” (Art. 126), “genocide” (Art. 127), “crimes against humanity” (Art. 128), “premeditated, aggravated murder” (Art. 139 part 2), “terrorism” (Art. 289 part 3), “terrorist acts” (Art. 359), “treason accompanied by murder” (Art. 356 part 2), “conspiracy to seize power” (Art. 357 part 3), “sabotage” (Art. 360 part 2), “murder of a police officer” (Art. 362), “use of weapons of mass destruction” (Art 134), and “murder of a person in violation of the laws and customs of war” (Art. 135 part 3). 8

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