The Death Penalty in the OSCE Area 55
Constitution,100 thus providing for the possibility of either the abolition of the death
penalty or the imposition of a moratorium on executions as the first step towards full
abolition. The Court recalled that such measures may be enacted by the head of state
and the National Assembly.
On 24 June 2005, the president of Belarus submitted a draft law to the parliament
that, inter alia, supplements the Criminal Code with a reference to the temporary
character of the death penalty, which, until its abolition, may be applied as an exceptional measure for cases of premeditated murder with aggravating circumstances.
On 23 June 2006, the law was adopted by the Chamber of Representatives of the
National Assembly of Belarus.
Method of execution
Shooting101
Statistics
Death sentences
According to official statistics provided by the Supreme Court, during the period
from 30 June 2005 to 30 June 2006, seven individuals were sentenced to death for
murder with aggravating circumstances: Alexei M. Serdukov (11 October), Sergei
M. Pugachev (28 June), Nikolai A. Lubich (8 December), Viktor I. Tikhikh (29 November), Petr P. Korablev (27 December), Oleg A. Potapenko (27 December), and
Vyacheslav V. Knyazkov (27 December). All convictions are final, i.e., all appeals
stages have been exhausted.
Executions
Official statistics indicate that five individuals were executed during the period from
30 June 2005 to 30 June 2006 (irrespective of the date of sentencing). No information was provided with respect to the identities of the executed individuals.
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.102
100
Articles 48 (Part 1, para. 11) and 59 have been found to be inconsistent with the Constitution due to the lack of
reference, in those articles, to the temporary character of the death penalty.
101
102
Article 59 (1), Criminal Code.
Article 59 (2)(1), Criminal Code. In addition, Article 59 (2)(3) also stipulates that men who are over the age of 65 at
the time when the sentence is pronounced are exempt from the death penalty.
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