Prospects for Abolition
of the Death Penalty
in the Republic of Belarus
Grigory A. Vasilevich and Elissa A. Sarkisova
Abolition of the death penalty is a problem that different countries resolve in different
ways. Each country approaches the abolition of this form of punishment in its own
way, and working out the solution often takes a very long time.
This process can also be reversed: A country may abolish the death penalty and
then reinstate it. This was the case, for example, in the United States, where the death
penalty was declared unconstitutional in 1972 but was afterwards reintroduced in
38 states. The death penalty was abolished, reinstated, and then abolished again in
Italy. It was abolished and then reintroduced four times in Russia and then the Soviet
Union.
There have recently been popular outbursts demanding the restoration of the death
penalty in a number of countries that abolished it years ago. This frequently happens
in the wake of a terrorist attack.
Today, however, the progress made by humanity in resolving this issue is very clear.
The leaders in this have been the European states, the vast majority of which have not
applied the death penalty for decades. The groundwork for this process was laid with
the adoption, on 28 April 1983, of Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the
death penalty. But a number of countries had expressed their opposition to the death
penalty for many years before the adoption of the Protocol and even the Convention,
which was adopted on 4 November 1950, and had either banned it from being used
in judicial practice or not envisioned it at all in their legislation.
An important step in the process of abolishing the death penalty was the signing by
36 states, on 3 May 2002, of Protocol No. 13 to the Convention, which forbids the
application of this form of punishment under any circumstances, including in time of
Translated from the Russian by Peter Morley.
Grigory A. Vasilevich is chairman of the Constitutional Court of the Republic of Belarus.
Elissa A. Sarkisova is a judge of the Constitutional Court of the Republic of Belarus.
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