death_penalty_new.qxd 02-08-27 12:57 Page 25 BELARUS 4.4 BELARUS68 RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Signed Ratified Article 6 of the ICCPR Yes Yes Second Optional Protocol to the ICCPR No No Article 37 (a) of the CRC Yes Yes LEGAL FRAMEWORK Status: Retentionist Scope: The death penalty is a legal punishment for crimes committed in peacetime and wartime. The Constitution of the Republic of Belarus provides that until its abolition, the death penalty may be applied in accordance with the law as an exceptional penalty for particularly serious crimes and only in accordance with the verdict of a court of law69. The Criminal Code of the Republic of Belarus provides that the death penalty can be imposed for severe crimes connected with the deliberate deprivation of life under aggravating circumstances70. The death penalty is envisaged for 14 crimes. These are act of aggression, murder of a representative of a foreign state or international organization with the intention to provoke international tension or war, international terrorism, genocide, crimes against humanity, murder committed under aggravating circumstances, terrorism, terrorist acts, treason that results in loss of life, conspiracy to seize power, sabotage, murder of a police officer, application of weapons of mass destruction and violations of the laws and customs of war71. 68 69 70 71 This entry was written with the assistance of the OSCE Advisory and Monitoring Group in Belarus and the Delegation of the Republic of Belarus to the OSCE who completed our questionnaire on the death penalty. Article 24 of the Constitution of the Republic of Belarus, 27 November 1996. Article 59 of the Criminal Code of the Republic of Belarus, 9 July 1999. Articles 122(2), 124(2), Article 126, 127, 128, 139(2), 289(3), 359, 356(2), 367(3), 360(2), 362, 134, 135(3). Articles 134 and 135(3) of the Criminal Code can only be applied in times of war. 25