II. The Status of the Death Penalty in the OSCE Area 1. Retentionist participating States Belarus and the United States continue to be the only two retentionist participating States in the OSCE region, maintaining the application of the death penalty both in law and in practice. 1.1. Belarus In its reply to the ODIHR questionnaire on the situation of the death penalty in the OSCE region 2018 (hereafter referred to as the “2018 ODIHR questionnaire”), Belarus provided information on death sentences handed down by domestic courts and executions carried out in the reporting period. In the same reply, Belarus also requested the following corrections to the ODIHR background paper for 2017, regarding national legislation: In accordance with the Act of the Republic of Belarus No. 356 – 3 from 5 January 2016, the offence “treason against the State” is excluded from the list of crimes carrying the death sentence. Article 24 of the Constitution of the Republic of Belarus provides that the death penalty represents an exceptional measure of punishment for some especially serious crimes.14 Belarus also reported that the Criminal Code of Belarus forbids imposing the death penalty on women, and persons who committed a crime when they were under 18 years of age, or are older than 65 at the time of the sentencing.15 14  The Criminal Code of the Republic of Belarus, as amended up to January 2016, envisages the death penalty for thirteen crimes: Art 122 (2): “Unleashing or conducting a war of aggression”, Art 124 (2): “Act of Terrorism directed against the representative of a foreign state or international organization”, Art 126 (3): “Act of International Terrorism”, Art. 127: “Genocide”, Art. 128: ‘Crimes against humanity”, Art. 134: “Use of weapons of mass destruction”, Art 135 (3): “Violation of laws and customs of war”, Art 139 (2): “Murder under aggravating circumstances, Art 289 (3) “Act of Terrorism”, Art 357 (3): “Conspiracy, or other actions, taken with a purpose to seize state power”, Art 359 (2): “Act of Terrorism directed against state or public official”, Art. 360 (2): “Sabotage”, Art. 362: “Murder of an employee of internal affairs bodies”, <http://pravo.by/document/?guid=3871&p0=hk9900275>. 15  Criminal Code of the Republic of Belarus, Art. 59.2(2), <http://pravo.by/document/?guid=3871&p0= hk9900275>. 9