Legislation
Article 24 of the Constitution of Belarus states that:
| “ | Until its abolition, the death sentence may be applied in accordance with the law as an exceptional penalty for especially grave crimes and only in accordance with the verdict of a court of law." | ” |
As per the Criminal Code of the Republic of Belarus, capital punishment can be imposed for the following acts:
- Launching or conducting aggressive war (Article 122, Part 2)
- Murder of a representative of a foreign state or international organization in order to provoke international complications or war (Article 124, Part 2)
- International terrorism (Article 126)
- Genocide (Article 127)
- Crime against humanity (Article 128)
- Application of weapons of mass destruction under international treaties of the Republic of Belarus (Article 134)
- Violation of the war laws and usage (Article 135, Part 3)
- Murder committed under aggravating circumstances (Article 139, Part 2)
- Terrorism (Article 289, Part 3)
- Treason connected with murder (Article 356, Part 2)
- Conspiracy to seize state power (Article 357, Part 3)
- Terrorist acts (Article 359)
- Sabotage (Article 360, Part 2)
- Murder of a police officer. (Article 362)
Most of the death penalty convictions were for murder committed under aggravating circumstances. Court proceedings involving capital cases must involve a "collegial consideration," consisting of one judge and two People's assessors. The People's assessors are chosen from the general population, similar to the jury system.
Over the years, the number of offenses inviting death penalty and the type of convicts eligible for the same have reduced. In 1993, four economic crimes which would have resulted in death penalty during the Soviet era were removed from the list of capital offenses by a vote of parliament and were replaced by prison terms without parole. Although the total number of categories of crime qualifying for capital punishment declined during this time, Presidential Decree No. 21, issued on 21 October 1997, added "terrorism" to the list of capital offenses. When the Criminal Code was updated in 1999, the number of capital offenses was further reduced. This reduction was assisted by the introduction of life imprisonment in December 1997.
Since March 1, 1994, women are ineligible for capital punishment and those under the age of 18 at the time of the crime or over 65 at the time of sentencing were exempt from capital punishment since January 2001. Those who are mentally ill may have their death sentence commuted. Under Article 84 of the Constitution, the president "may grant pardons to convicted citizens". From June 30, 2003 to June 30, 2005, President Alexander Lukashenko granted two pardons to death row inmates and denied one such request.
In 2000, the Parliamentary Assembly of the Council of Europe condemned:
"in the strongest possible terms the executions in Belarus and deplores the fact that Belarus is currently the only country in Europe where the death penalty is enforced and, moreover, is regularly and widely enforced".
Belarus is now also the only European nation that issues the sentence during times of peace as well as war. The European Council members suggested in 2001 that Belarus abolish capital punishment before it can apply for membership in the Council. Belarus (as the Byelorussian SSR) signed the International Covenant on Civil and Political Rights in 1973. This convention, however, does not abolish the death penalty, but it imposes certain conditions on its implementation and use.
Read more about this topic: Capital Punishment In Belarus
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