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Capital punishment in Belarus : ウィキペディア英語版
Capital punishment in Belarus

The provision for capital punishment in Belarus has been a part of the country since gaining independence from the Soviet Union. The current national constitution prescribes this punishment for "grave crimes." Later laws have clarified the specific crimes for which capital punishment can be used. Capital punishment can be imposed for crimes that occur against the state or against individuals. A few non-violent crimes can also be punishable by death. Belarus is the only UN member state in Europe that continues to carry out the death penalty.〔Amnesty International- Document- Commonwealth of Independent states: Belarus- the last executioner〕
Following a referendum on the issue, the Belarusian government took steps to change the way capital punishment is imposed and carried out.〔Embassy of Belarus in the United Kingdom (Capital Punishment in Belarus and Changes of Belarus Criminal Legislation related thereto ). Retrieved May 29, 2007.〕 International organisations, such as the United Nations, have criticized the methods Belarus uses when carrying out capital punishment. The use of capital punishment is one factor keeping the country out of the Council of Europe.
==Legislation==
Article 24 of the Constitution of Belarus states that:
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) 〔Embassy of the Republic of Belarus in the United States. (On the Use of Death Penalty in the Republic of Belarus ). Published 2004. Retrieved May 29, 2007.〕
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 eligible for the death penalty and the type of convicts eligible for it have been reduced. In 1993 four economic crimes that would have resulted in death sentences 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.〔"(Belarus and Uzbekistan: the last executioners )." Amnesty International. Accessed on 5 September 2005.〕 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 persons under the age of 18 at the time of the crime or over 65 at the time of sentencing have been 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".〔Legisltationline.org (Death Penalty - Belarus ). Published November 2004. Retrieved May 29, 2007.〕''
Since 1997 Belarus is the only European country to have carried out executions. 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.〔United Nations Office of the High Commissioner for Human Rights. (Signatory nations of the ICCPR ). Retrieved May 29, 2007.〕 This convention, however, does not abolish the death penalty, but it imposes certain conditions on its implementation and use.

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