Belarus

Death Penalty

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. (Article 24 of the Constitution, 1996) The Criminal Code provides that the death penalty may be imposed for severe crimes connected with the deliberate deprivation of life with aggravating circumstances. (Article 59 (1) of the Criminal Code, 1999 as amended 2006)

Status: retentionist

Legal Framework

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. (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) 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 Constitution, 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. (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) 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

Shooting (Article 59 (1) of the Criminal Code)

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. (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)

Fair-trial guarantees

In November 2004, after a visit to Belarus, the UN Working Group on Arbitrary Detention noted with concern the excessive power given to prosecutors and investigators during the period of pre-trial detention, and that investigations are carried out without effective oversight by a judge.(Report of the Working Group on Arbitrary Detention (Mission to Belarus), U.N. Doc. E/CN.4/2005/6/Add.3, 25 November 2004, p. 2) The Working Group also expressed concern regarding the procedure used for appointing and dismissing judges, which does not guarantee their independence from the executive branch, and also regarding the lack of independence of lawyers and of the National Bar Association.(Ibid) In January 2007, the UN special rapporteur on the situation of human rights in Belarus expressed his concern that Belarus is the last country in Europe to apply the death penalty. He noted that “[t]rials are often held behind closed doors without adequate justification, and representatives of human rights organizations are denied access to courts to monitor hearings. Punishments are often totally disproportionate. The right to appeal is limited as the Supreme Court acts in many cases as the court of first instance, leaving no possibility for appeal.” (Report of the Special Rapporteur on the situation of human rights in Belarus, Adrian Severin, U.N. Doc. A/HRC/4/16, 15 January 2007, para. 14. On 18 June 2007, the UN Human Rights Council removed Belarus from the list of countries whose human rights records receive special scrutiny; accordingly, the special rapporteur on the situation of human rights in Belarus was not reappointed)

Pardon or commutation

The Constitution gives the president authority to grant clemency, and the death penalty may be commuted to life imprisonment.(Article 84 (19) of the Constitution) Appeals are initially considered by the Clemency Commission. The cases of all individuals sentenced to death are automatically considered regardless of whether the sentenced person has submitted an appeal for clemency.(Presidential Decree No. 250 “On the introduction of the regulation of provisions for pardoning procedure in the Republic of Belarus”, 3 December 1994) In the period from 30 June 2006 to 30 June 2007, the president did not grant clemency.

Relatives

Relatives are not informed in advance of the date of execution. The administration of the institution where the execution is carried out is obliged to notify a close relative about the execution. The body is not returned, and the place of burial is not disclosed. (Article 175 of the Criminal Execution Code) The UN Human Rights Committee has found the treatment of the relatives of individuals sentenced to death in Belarus to amount to inhuman treatment in violation of Article 7 of the ICCPR.(U.N. Doc. CCPR/C/77/D/887/1999, 24/04/2003, Communication No. 887/1999 and U.N. Doc. CCPR/C/77/D/886/1999, 28/04/2003, Communication No. 886/1999)

The Human Rights Committee has stated that the complete secrecy surrounding the date of execution, the place of burial, and the refusal to hand over the body for burial have the effect of intimidating or punishing families by intentionally leaving them in a state of uncertainty and mental distress.

In addition, the UN Committee against Torture has also expressed concern about the reported refusal to return the bodies of those executed to their relatives. (Concluding observations of the Committee against Torture: Belarus. 20/11/2000. A/56/44.)

RELEVANT INTERNATIONAL INSTRUMENTS