3.1
Belarus
Relevant International Instruments
International Instruments
Ratification Status
ICCPR
Ratified
Second Optional Protocol to the ICCPR
Not signed
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 law as an exceptional
penalty for particularly serious crimes and only in accordance with the verdict of a
court of law.35 The Criminal Code provides that the death penalty may be imposed
for severe crimes connected with the deliberate deprivation of life with aggravating
circumstances.36
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 state power, sabotage, and
murder of a police officer.37 Alternatives to the death penalty are provided for.
On 11 March 2004, the Constitutional Court concluded its assessment of the
compliance of the death-penalty provisions in the Criminal Code with the Constitution,
following a request from the House of Representatives of the National Assembly. The
Court found a number of provisions of the Criminal Code to be inconsistent with the
35
Article 24 of the Constitution of the Republic of Belarus, 27 November 1996.
36
Article 59 (1) of the Criminal Code, 9 July 1999, amended on 17 July 2006.
37 Articles 122 (2), 124 (2), 126, 127, 128, 134, 135 (3), 139 (2), 289 (3), 359, 356 (2), 357 (3), 360
(2), and 362 of the Criminal Code.
13
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