The Death Penalty in the OSCE Area 17
According to the wording of Article 24 of the Constitution, a specific decision on
use of the death penalty in Belarus falls within the competence of the head of state
and the parliament; the Constitutional Court noted this in its judgement.
On the whole, we can say that abolishing the death penalty by a resolution of the
legislative body is more acceptable from the point of view of law. When this is done
by constitutional courts, which suddenly explain the constitutional and legal meaning
of constitutional norms, there immediately arise doubts as to the legitimacy of death
sentences handed down in the past based on the Constitution and applicable legislation. Such a serious issue as the deprivation of a person’s life requires a watertight legal
foundation. And it is for this reason that Article 24 of the Constitution from the outset included two ideas: 1) that the death penalty may only be applied in accordance
with the law and in accordance with the verdict of a court of law; 2) the temporary
nature of the death penalty.
Based on what we have outlined here, we can say that Belarus is moving towards
abolition of the death penalty.
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