16 The Death Penalty in the OSCE Area
departments indicated that a decision on abolishing the death penalty in 2004 would
have been premature.
Just two years since the aforementioned judgement was delivered, the realistic prospect – as noted by the Constitutional Court and buttressed by judicial practice – of
abolishing the death penalty is distinctly clear.
We maintain that Belarus will move towards abolition of the death penalty, and a
possible first step could be declaring a moratorium on using it for any crime. The only
exception, in our opinion, could be its application in cases of terrorism leading to
mass deaths (although no such crime has been committed in Belarus).
There is no doubt that the introduction of a moratorium on the death penalty
should be preceded by a series of preparatory measures, including, first of all, a study
of public opinion. Adopting a resolution on a moratorium on the death penalty requires that the relevant bodies conduct a thorough multilateral assessment of the
criminogenic situation, and primarily a study of the influence this has on criminality.
The moratorium should be subject to repeal given even the slightest increase in the
murder rate.
As noted above, based on parliamentary hearings on political and legal aspects of
the death penalty in Belarus, on 13 July 2002, the House of Representatives adopted
recommendations aimed at a number of ministries and government departments. In
particular, it recommended that the Belarusian cabinet of ministers study the issue
of the death penalty based on the possibility of gradually introducing a moratorium
on its application for individual crimes, and later to declare a moratorium on courts
handing down death sentences ahead of abolishing the death penalty altogether. This
recommendation indicated the willingness of the Belarusian state legislature to adopt
a positive decision on the problem. This is also evidenced by the parliament’s request
in 2003 that the Supreme Court examine the constitutionality of those standards of
the Criminal Code that allow the use of the death penalty.
The aforementioned recommendations also noted the necessity of carrying out a
number of preparatory measures ahead of implementing a practical solution to the
problem. These measures deal with improvements to correctional institutions, better preventative work among young people, persistence in developing a legal culture
among citizens and shaping the relevant public opinion, sociological research into the
effectiveness of introducing a moratorium on the death penalty in Belarus, etc. Many
of the measures recommended by the parliament had not been implemented by the
time the Constitutional Court delivered its judgement, which was one circumstance
indicating that the state was, on the whole, unprepared for adopting a final decision
on the death penalty.
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