The Death Penalty in the OSCE Area 15
The Constitutional Court based its judgement of 11 March 2004 not only on the
contents of Article 24 of the Constitution, but it also took into account the dynamics
of Belarusian criminality, which show no indication of any significant decrease of the
murder rate, and primarily of murders committed with aggravating circumstances.
For example, the number of registered murders and attempted murders in 2002
was 23.7 per cent higher than in 1994, when 952 murders and attempted murders
were registered, although no correlation could be traced between the application of
the death penalty and the murder rate, nor was there any trace of the role of the death
penalty as a deterrent. Neither practice nor scholarly research has proved a link
between the number of murders committed and the degree to which the death
penalty is used, nor could they determine its effect as a deterrent. This has also
been confirmed in other states, which used it as a serious argument in favour of
abolishing the death penalty. On the contrary, the number of murders committed
with aggravating circumstances – which are grounds under law for the possibility
of applying the death penalty – increased in years when the punishment was used
on a significant number of occasions. In 1994-1998, the number of those sentenced to death increased (25, 37, 29, 46, and 47, respectively), while the number
of those convicted of murder with aggravating circumstances also increased (278,
345, 411, 480, and 517, respectively). However, although only four people were
sentenced to death in 2002, in 2003 the number of murders and attempted murders registered in Belarus dropped by 104 from the previous year. A significant
drop – of 69 cases – was also registered in 2004. Unfortunately, in 2005 this rapid
decline did not continue; rather, there was a slight increase, from 1,010 in 2004
to 1,032 murders and attempted murders in 2005. As noted above, the number of
death sentences handed down in these years was very low. The higher number of
murders in 2005 against 2004 – 22 more cases – did not affect the trend in judicial
practice regarding use of the death penalty.
The Constitutional Court also took into account that Belarus has not yet ratified
the Second Optional Protocol to the International Covenant on Civil and Political
Rights, and that Belarus is not a full member of the Council of Europe, and thus has
not signed or ratified the Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto. These circumstances exempt Belarus
from any obligations to adhere to the path of those states that make up the Council
of Europe.
Public opinion also should not be ignored. Both the 1996 referendum and subsequent sociological studies show that more than 70 per cent of citizens still retain hope
that the death penalty has a preventive effect. The conclusions of various government
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