The Death Penalty in the OSCE Area
The Belarusian parliamentary working group on the death penalty continues its
activities. According to the Permanent Delegation of the Republic of Belarus to
the OSCE, the working group temporarily suspended its activities in September
2012, due to parliamentary elections. The group is not guided by a conviction that
the death penalty should be abolished or retained; its objectives are informing the
public about various aspects of the death penalty and monitoring the situation in
this respect.64
On 21 June 2013 in Minsk, the working group on the death penalty, in cooperation with the Council of Europe, held a roundtable on “Belarus, Religion
and the Death Penalty”. The roundtable sought to advance discussion of the death
penalty in Belarus through the exchange of views among State authorities, civil
society, clergy and international experts.65
Legal Framework
Under the Constitution of the Republic of Belarus, the death penalty may be imposed
as an exceptional punishment for particularly grave crimes and in accordance with
the law.66 The Criminal Code of Belarus provides for the application of the death
penalty for severe crimes connected with the deliberate deprivation of life with
aggravating circumstances.67 As specified in the Criminal Code, capital punishment
may be imposed for 12 crimes in peacetime and two crimes in times of war.68 The
death penalty is not a mandatory sentence for any of these crimes and may, by means
of a pardon, be commuted to life imprisonment.69 It may not be imposed on women,
men under the age of 18 at the time of committing the crime or men over 65 at
the time of sentencing.70 During the reporting period, no changes were introduced
64
Belarus Response, op.cit., note 59.
65 “Belarus, Religion and the Death Penalty”, Council of Europe, 21 June 2013 < http://hub.coe.int/en/web/coe-portal/press/newsroom?p_p_id=newsroom&_newsroom_articleId=1495569&_newsroom_groupId=10226&_newsroom_tabs=newsroom-topnews&pager.offset=10>.
66
Constitution of the Republic of Belarus, Article 24, 27 November 1996.
67
Article 59 (1) of the Criminal Code of the Republic of Belarus, 9 July 1999, amended on 17 July 2006.
68 The Criminal Code of the Republic of Belarus provides for application of the death penalty for the following crimes:
unleashing or conducting a war of aggression (Article 122 (2)); murder of a representative of a foreign state or international
organization, with the intention to provoke international tension or war (Article 124( 2)); international terrorism (Article
126); genocide (Article 127); crimes against humanity (Article 128); premeditated, aggravated murder (Article 139 (2));
terrorism (Article 289 (3)); terrorist acts (Article 359); treason accompanied by murder (Article 356 (2)); conspiracy to
seize power (Article 357( 3)), sabotage (Article 360 (2)), murder of a police officer (Article 362); use of weapons of mass
destruction (Article 134); and murder of a person in violation of the laws and customs of war (Article 135 (3)).
69
Criminal Code, op. cit., note 67, para. 3.
70 Ibid., para. 2.
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