death_penalty_new.qxd 02-08-27 12:57 Page 27 BELARUS Pregnant women: Women cannot be sentenced to death77. Clemency/Pardon: The Constitution gives the President authority to grant clemency78. The Criminal Code of Belarus states that the death penalty can be replaced by an act of clemency with life imprisonment79. A Clemency Commission prepares cases that are then considered by the President who takes the final decision on whether to grant clemency. Statistics and other information on acts of clemency are not publicised. According to unofficial information, the President did not authorize any acts of clemency in 200180. ADDITIONAL COMMENTS There are concerns that fair trial guarantees are not complied with in some trials that lead to the death penalty81. 77 78 79 80 81 Article 59(2)(2) of the Criminal Code. In addition, Article 59(2)(3) also stipulates that the death penalty cannot be applied to men who are over the age of 65 at the time when the sentence is pronounced. Article 84(19) of the Constitution. Article 59(3) of the Criminal Code. Human Rights in the OSCE Region, Report 2002, International Helsinki Federation, Vienna, p. 57. Urgent Action, AI EUR 49/10/98, Amnesty International, London. Urgent Action, AI EUR 49/14/99, Amnesty International, London. 27