The Death Penalty in the OSCE Area
No. 356 – 3 introduced changes to the appeals procedures prescribed in the Criminal
Procedural Code (CPC). According to Chapter 39 of the CPC, all restrictions to appealing a judgment are removed, and anyone sentenced to capital punishment can appeal
against the court’s decision.
According to information received from Belarus, there is a set of measures in place
designed to ensure that no one suffering from psychological disorders that might prevent her or him from understanding her or his actions can be sentenced to death. In
case a mental disorder deprives a convicted person of awareness of their actions, a
medical examination report shall be sent to the court so that it may suspend the death
sentence. Were the person to recover, the court in question will rule on the execution
of the sentence or the possibility of its replacement. Women cannot be sentenced to
death, but in cases when a father with dependents is sentenced to capital punishment
the Court must notify the Education Department of the city of residence in order to
insure state protection for the child. Where the dependents are elderly parents of the
accused, the Court shall issue a ruling on the transfer of said persons to care or custody of relatives or other persons or institutions.
The United Nations Periodic Review on Belarus took place on 4 May 2015, and the
UN Human Rights Council’s Working Group on the Universal Periodic Review issued
its report on Belarus on 13 July 2015.156 According to the National Report prepared by
Belarus for the second Universal Periodic Review, positive developments included the
adoption of the possibility of plea-bargain agreements for suspected and accused persons, which was introduced into criminal procedure in 2015. Those who have reached
a pre-trial settlement, including people that have committed especially serious crimes
that incur in the death penalty, can now see their sentence commuted to life imprisonment.157 According to the participating State’s submission, this may have the effect
of further reducing the number of death sentences handed down.
Furthermore, Belarus has accepted a set of recommendations regarding the death
penalty, including to carry out public campaigns on the arguments for abolition of
the death penalty, with the aim of ratifying the Second Protocol to the ICCPR and
abolition.158 Furthermore, Belarus supported recommendations to revitalize the discussions within the parliamentary working group on the death penalty and to ensure
that the minimum standards are applied pending an eventual moratorium, as well as
to consider abolishing the death penalty.159 However, Belarus did not support recommendations to take concrete steps towards abolishing the death penalty, including
156 United Nations Human Rights Council, Report of the Special Rapporteur on the situation of human rights
in Belarus, UN Doc. A/HRC/29/43, 29 April 2015, <http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/
Session29/Pages/ListReports.aspx>.
157 United Nations Human Rights Council, Report of the Working Group on the Universal Periodic Review, Belarus, UN doc. A/HRC/30/3, 13 July 2015, para.11, <http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/
Session30/Pages/ListReports.aspx>.
158 Ibid., para. 127.1 in connection with A/HRC/30/3/Add.1, 30 July 2015.
159 Ibid. para. 129.29 and 129.30.
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