Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 15 BELARUS 3.2 BELARUS RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status ICCPR R Second Optional Protocol to the ICCPR – CRC R Status: retentionist LEGAL FRAMEWORK The Constitution of the Republic of Belarus provides that, until the abolition of the death penalty, it may be applied in accordance with the law32 as an exceptional penalty for particularly serious crimes and only in accordance with the verdict of a court of law. The Criminal Code provides that the death penalty may be imposed for severe crimes connected with the deliberate deprivation of life with aggravating circumstances.33 The death penalty is envisaged for 14 crimes: acts of aggression, murder of a representative of a foreign state or international organization with the intention of provoking international tension or war, international terrorism, genocide, crimes against the security of humanity, use of weapons of mass destruction, violations of the laws and customs of war, murder with aggravating circumstances, terrorism, terrorist acts, treason that results in loss of life, conspiracy to seize power, sabotage, and murder of a police officer.34 31 32 33 34 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. Article 24 of the Constitution of the Republic of Belarus, 27 November 1996. Article 59(1) of the Criminal Code, 9 July 1999. Articles 122(2), 124(2), 126, 127, 128, 134, 135(3), 139(2), 289(3), 359, 356(2), 367(3), 360(2), and 362 of the Criminal Code. 15