The Death Penalty in the OSCE Area
and two additional crimes in times of war.25 The Constitution of Belarus gives the
President the authority to grant clemency and commute a death sentence to one of
life imprisonment.26 Appeals are initially considered by the Clemency Commission.27
Moratorium
There is no moratorium in place on either the imposition or carrying out of death
sentences.
Method of execution
The death penalty is carried out by firing squad.28 Relatives are reportedly not informed about the date and/or place of execution.29 The bodies of those executed are
reportedly not returned to families, nor is their place of burial disclosed.30
Statistics
Death sentences
According to official statistics provided by the Supreme Court of Belarus, one individual was sentenced to death during the reporting period.31
On 14 September 2010, Igor Myalik, age 41, was sentenced to death by the Mogilev Oblast Court for robbery and multiple counts of murder with aggravating circumstances.32 Myalik was convicted of robbing and murdering four foreigners in 2009.33
After confirmation of the death sentence by the Supreme Court of Belarus, on 11
25 The death penalty is allowed for the following crimes: “unleashing or conducting a war of aggression” (Article 122,
part 2 of the Criminal Code of Belarus), “murder of a representative of a foreign state or international organization, with
the intention to provoke international tension or war” (Art. 124, part 2), “international terrorism” (Art. 126), “genocide” (Art. 127), “crimes against humanity” (Art. 128), “premeditated, aggravated murder” (Art. 139, part 2), “terrorism”
(Art. 289, part 3), “terrorist acts” (Art. 359), “treason accompanied by murder” (Art. 356, part 2), “conspiracy to seize
power” (Art. 357, part 3), “sabotage” (Art. 360, part 2), “murder of a police officer” (Art. 362), “use of weapons of mass
destruction” (Art 134), and “murder of a person in violation of the laws and customs of war” (Art. 135, part 3).
26
Constitution of the Republic of Belarus, Art.84 (19).
27 Presidential Decree No. 250 “On the introduction of the regulation of provisions for pardoning procedures in the
Republic of Belarus”, 3 December 1994.
28
Article 59(1) of the Criminal Code of the Republic of Belarus.
29
Country entry on Belarus, Annual Amnesty International, op. cit., note 20.
30 Ibid.
31 Response to the ODIHR questionnaire on the death penalty from the Permanent Delegation of the Republic of
Belarus to the OSCE, 15 July 2011.
32 Ibid.
33 “Belarusian Gang Members Sentenced for Highway Robberies, Killings”, Radio Free Europe, 15 September 2010,
<http://www.rferl.org/content/Belarusian_Gang_Members_Sentenced_For_Highway_Robberies_Killings_/2158296.
html>.
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