The Death Penalty in the OSCE Area–Background Paper 2019 2.1.2 Belarus Article 24 of the Constitution of the Republic of Belarus provides that the death penalty represents an exceptional measure of punishment for some especially serious crimes.154 Belarus also reported that the Criminal Code of Belarus forbids imposing the death penalty on women, and persons who committed a crime when they were under 18 years of age, or are older than 65 at the time of the sentencing.155 In accordance with Article 175 of the Criminal Law Enforcement Code, the death penalty is “carried out by firing squad with no members of the public present. The execution of the death penalty shall be carried out separately for each convict and without other death convicts present.”156 Death sentences between 1 April 2018 and 31 March 2019 According to information from international bodies, international and local civil society organizations, national courts in Belarus imposed one new death sentence in the reporting period. On 9 January 2019, Aliaksandr Asipovich was convicted of “aggravated murder” (Art. 139, Part 2 of the Criminal Code) and sentenced to death at Mahilioŭ Regional Court.157 He was found guilty of killing two women in late July 2018 and the Supreme Court of Belarus upheld the death sentence on 14 May 2019.158 The Parliamentary Assembly of the Council of Europe (PACE)’s General Rapporteur on the abolition of the death penalty and the Chairperson of the Political Affairs Committee both denounced the judgement of the Supreme Court of Belarus confirming the death sentence.159 In addition, two death sentences, handed down by the Supreme Court to Alyaksandr Zhylnikau and Vyachaslau Sukharka in January 2018 were upheld on 30 May 2018.160 154  The Criminal Code of the Republic of Belarus, as amended up to January 2016, envisages the death penalty for thirteen crimes: Art 122 (2): “Unleashing or conducting a war of aggression”, Art 124 (2): “Act of Terrorism directed against the representative of a foreign state or international organization”, Art 126 (3): “Act of International Terrorism”, Art. 127: “Genocide”, Art. 128: ‘Crimes against humanity”, Art. 134: “Use of weapons of mass destruction”, Art 135 (3): “Violation of laws and customs of war”, Art 139 (2): “Murder under aggravating circumstances, Art 289 (3) “Act of Terrorism”, Art 357 (3): “Conspiracy, or other actions, taken with a purpose to seize state power”, Art 359 (2): “Act of Terrorism directed against state or public official”, Art. 360 (2): “Sabotage”, Art. 362: “Murder of an employee of internal affairs bodies”, <http://pravo.by/document/?guid=3871&p0=hk9900275>. 155  Criminal Code of the Republic of Belarus, Art. 59.2(2), <http://pravo.by/document/?guid=3871&p0= hk9900275>. 156  FIDH – HRC “Viasna”, “Death Penalty in Belarus: Murder on (Un)lawful Grounds”, October 2016, p. 64, <https://www.fidh.org/IMG/pdf/death_penalty_in_belarus_murder_on_un_lawful_grounds_en_web.pdf>. 157  “Man sentenced to death in Babrujsk”, Viasna, 9 January 2019, <https://dp.spring96.org/en/news/91777>. 158  “Supreme Court confirms death sentence for Aliaksandr Asipovich”, Viasna, 15 May 2019, <http://dp.spring96.org/en/news/92933>. 159  “Belarus: members denounced the judgment confirming the death sentence of Aliaksandr Asipovich”, Parliamentary Assembly, 16 May 2019, <http://assembly.coe.int/nw/xml/News/News-View-en.asp?newsid=7484&lang=2>. 160  “Supreme Court confirms death sentences for Zhylnikau and Sukharko”, Viasna, 30 May 2018, <https://spring96.org/en/news/90005>. 34