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.