The Death Penalty in the OSCE Area through a Constitutional amendment or, without such an amendment, the country would retain the possibility of applying the death penalty in times of war. The United Nations High Commissioner for Human Rights, in his reply to the country’s submission stated that, while welcoming the moratorium, the United Nations Human Rights Committee regretted the slow progression towards abolition. Tajikistan was the only de-facto abolitionist state to report to ODIHR that its citizens have been sentenced to death abroad. Three women and three men have been sentenced to death in the People’s Republic of China. The execution of the sentence against the women has been indefinitely postponed, while the sentence has already been carried out against one of the men, and the other two are awaiting execution. 2.2 Retentionist participating States Among the 57 OSCE participating States, only Belarus and the United States of America maintain, both in law and in practice, the application of the death penalty. During the reporting period the situation has largely remained unchanged, with neither country taking effective measures towards the abolition of the death penalty or the imposition of a moratorium against executions. Belarus In Belarus, the Constitution prohibits the imposition of the death penalty on criminal offenders who are less than 18 years of age, women, or men older than 65 at the time of sentencing. Capital punishment is intended to be an exceptional measure of punishment for certain especially serious crimes involving premeditated deprivation of life with aggravating circumstances. Belarus reported to ODIHR that currently the death penalty can be applied for 13 different crimes. It can only be imposed on the basis of an unanimous decision by the judges taking part in the trial (Article 354 (4) Criminal Procedure Code of the Republic of Belarus) and it cannot be applied for preparatory or attempted offences (Article 67 (2) Criminal Code of the Republic of Belarus). Belarus also reported that, 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.155 According to Belarus’ reply, Act 155  The Criminal Code of the Republic of Belarus provides for the application of the death penalty for the following crimes: unleashing or conducting a war of aggression (Article 122 (2)); murder of a representative of a foreign state or international organization, with the intention to provoke international tension or war (Article 124(2)); international terrorism (Article 126 (3)); genocide (Article 127); crimes against humanity (Article 128); premeditated, aggravated murder (Article 139 (2)); terrorism (Article 289 (3)); terrorist acts against a state or public figure (Article 359 (2)); conspiracy to seize power (Article 357( 3)), sabotage (Article 360 (2)), murder of a police officer (Article 362); use of weapons of mass destruction (Article 134); murder of a person in violation of the laws and customs of war (Article 135 (3)). During the reporting period, Belarus informed ODIHR that the official title of the provisions mentioned above should read as follows: Part 2 of Art 124: “Act of Terrorism directed against the representative of a foreign state or international organization”, Part 3 of Art 126: “Act of International Terrorism”, Part 3 of Art 135: “Violation of laws and customs of war”, Part 2 of Art 139: “Murder with attenuating circumstances, Part 3 of Art 289 “Act of Terrorism”, Part 3 of Art 357: “Plot, or other actions, taken with a purpose to take over governmental power”, Part 2 of Art 359: “Act of Terrorism directed against state or public official”. 39