The Death Penalty in the OSCE Area
Constitution,38 thus providing for the possibility of either the abolition of the death
penalty or the imposition of a moratorium on executions as a first step towards full
abolition. The Court recalled that such measures may be enacted by the head of state
and the Parliament.
On 24 June 2005, the president submitted a draft law to the Parliament that, inter
alia, supplements the Criminal Code with a reference to the temporary character of
the death penalty, which, until its abolition, may be applied as an exceptional measure
for cases of premeditated murder with aggravating circumstances. On 23 June 2006,
the law was adopted by the Parliament.
Moratorium
No official moratorium on death sentences or on executions is in place in Belarus.
Method of execution
Shooting39
Statistics
Death sentences
According to official statistics provided by the Supreme Court, during the period from
30 June 2006 to 30 June 2007, six individuals were sentenced to death for murder
with aggravating circumstances. All convictions are final (i.e., all appeals stages have
been exhausted).
Executions
Official statistics provided by the Supreme Court indicate that, during the period
from 30 June 2006 to 30 June 2007, one individual was executed.
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.40
38 Articles 48 (Part 1, para. 11) and 59 were found to be inconsistent with the Constitution due to their
lack of reference to the temporary character of the death penalty.
39
Article 59 (1) of the Criminal Code.
40 Article 59 (2)(1) of the Criminal Code. In addition, Article 59 (2)(3) also stipulates that men who are
over the age of 65 at the time when the sentence is pronounced are exempt from the death penalty.
14
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