54 The Death Penalty in the OSCE Area
4.2
BELARUS
Relevant International Instruments
96
Ratification Status96
International Instruments
ICCPR
R
Second Optional Protocol to the ICCPR
-
CRC
R
Status: retentionist
Legal Framework
The Constitution of the Republic of Belarus provides that, until the abolition of the
death penalty, it may be applied in accordance with the law as an exceptional penalty
for particularly serious crimes and only in accordance with the verdict of a court of
law.97 The Criminal Code provides that the death penalty may be imposed for severe
crimes connected with the deliberate deprivation of life with aggravating circumstances.98
The death penalty is envisaged for 14 crimes: acts of aggression, murder of a representative of a foreign state or international organization with the intention of provoking international tension or war, international terrorism, genocide, crimes against
the security of humanity, use of weapons of mass destruction, violations of the laws
and customs of war, murder with aggravating circumstances, terrorism, terrorist acts,
treason that results in loss of life, conspiracy to seize power, sabotage, and murder of
a police officer.99
Moratorium
On 11 March 2004, the Constitutional Court concluded its assessment of the compliance of the death-penalty provisions in the Criminal Code with the Constitution,
following a request from the House of Representatives of the National Assembly. The
Court found a number of provisions of the Criminal Code to be inconsistent with the
96
R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant
instrument.
97
98
99
Article 24 of the Constitution of the Republic of Belarus, 27 November 1996.
Article 59(1) of the Criminal Code, 9 July 1999.
Articles 122(2), 124(2), 126, 127, 128, 134, 135(3), 139(2), 289(3), 359, 356(2), 367(3), 360(2), and 362 of the
Criminal Code.
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