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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