Belarus And The Death Penalty: Is It Legal?

The death penalty is legal in Belarus, and it is the only European country to have carried out executions in the 21st century. The death penalty has been a part of the country's legal system since it gained independence from the Soviet Union in 1991. The punishment is carried out by a single shot to the back of the head. In 2023, President Alexander Lukashenko signed a law allowing the death penalty to be used against officials and military servicemen convicted of high treason.

The death penalty is imposed for treason, terrorism, and aggravated murder

The death penalty is legal in Belarus for certain crimes, including treason, terrorism, and aggravated murder. The country's constitution prescribes capital punishment for "grave crimes", and laws have since clarified the specific crimes for which the death penalty can be imposed.

In March 2023, President Alexander Lukashenko signed a law allowing the death penalty to be used against officials and military servicemen convicted of high treason. This law was justified as a means of strengthening Belarus' fight against "crimes of an extremist (terrorist) and anti-state orientation". The definition of "treason against the state" was expanded to include divulging state secrets, engaging in espionage, switching sides in a military conflict, or providing assistance to a foreign entity in conducting activities harmful to Belarus' national security.

Belarus has also expanded its use of the death penalty to include "attempts to carry out acts of terrorism". This expansion has been criticised by human rights groups, who argue that the Belarusian authorities have a vague definition of "terrorism" and could use terrorism-related charges to prosecute political dissent.

The death penalty is also imposed for aggravated murder, which includes murder committed under aggravating circumstances or against representatives of a foreign state.

Belarus is the only European country to retain capital punishment

Belarus is the only country in Europe that continues to carry out the death penalty. Capital punishment has been a part of the country's legal system since it gained independence from the Soviet Union in 1991. The death penalty is permitted for grave crimes against the state or individuals. Some non-violent crimes are also punishable by death.

The Parliamentary Assembly of the Council of Europe condemned Belarus in the strongest possible terms in 2000, stating that it "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's continued use of the death penalty is one factor preventing the country from joining the Council of Europe.

In 2023, Belarus expanded its use of the death penalty by approving its use for officials and military servicemen convicted of high treason. This was justified as a means of strengthening Belarus's fight against "crimes of an extremist (terrorist) and anti-state orientation". The country's Criminal Code defines "treason against the state" as divulging state secrets, engaging in espionage, switching sides in a military conflict, or providing assistance to a foreign state or organisation in conducting activities harmful to Belarus's national security. Previously, this crime was punishable by a lengthy prison sentence and a fine.

The United States, the European Union, and human rights and pro-democracy advocates have criticised the expansion of the death penalty in Belarus, calling it an act of repression against opponents of the country's autocratic regime and its assistance to the Russian invasion of Ukraine. The Belarusian government has also been condemned for its vague definition of "terrorism", with terrorism-related charges allegedly being used to prosecute political dissent.

Executions in Belarus are carried out by a single shot to the back of the head. The convict is transported to a secret location, blindfolded, and taken to a room where they are forced to kneel in front of a bullet backstop before being shot. The remains of the condemned are buried secretly, and the family is notified of the execution.

Executions are carried out by a single shot to the back of the head

The death penalty is legal in Belarus, and it is the only European country to carry out executions in the 21st century. The method of execution used in Belarus is by a single shot to the back of the head. This is performed by a member of the "committee for the execution of sentences", using a PB-9 pistol equipped with a suppressor. The executioner is also responsible for choosing the area where the execution will take place.

On the day of the execution, the convict is transported to a secret location and informed that all appeals have been rejected. They are then blindfolded and taken to a room where they are made to kneel in front of a bullet backstop. The executioner then shoots a single bullet into the back of the convict's head. According to Oleg Alkayev, author of the book *The Death Squad*, the entire procedure, from the announcement of the rejected appeals to the gunshot, lasts no longer than two minutes.

The United Nations Human Rights Committee has criticised this execution process, stating that it has the effect of "intimidating or punishing families by intentionally leaving them in a state of uncertainty and mental distress". This criticism was made in response to a petition by the mother of a subsequently executed prisoner, Anton Bondarenko, who was not informed of the scheduled date for her son's execution and was never notified of the location of his grave.

Belarus has expanded its use of the death penalty in recent years, introducing capital punishment for "attempts to carry out acts of terrorism". This expansion has been criticised by human rights organisations such as Amnesty International, which has called on Belarus to abandon the death penalty and to stop its "shameful campaign of persecution of political opponents and human rights activists".

The death penalty is also a punishment for non-violent crimes

Capital punishment, or the death penalty, is a legal penalty in Belarus. The country gained independence from the Soviet Union in 1991, and the death penalty has been a part of its legal system since then. The death penalty is prescribed for "grave crimes" as outlined in the national constitution. While most death penalty convictions are for murder committed under aggravating circumstances, a few non-violent crimes can also be punishable by death.

Belarus is the only country in Europe that continues to carry out the death penalty. Executions are carried out by a single shot to the back of the head. The executioner is a member of the "committee for the execution of sentences," and the procedure lasts no longer than two minutes. Before the execution, the convict is transported to a secret location and informed that all appeals have been rejected. They are then blindfolded and taken to a room where they are forced to kneel in front of a bullet backstop before being shot.

In recent years, there have been steps taken toward reducing the imposition of the death penalty in Belarus. In 1993, four economic crimes that would have resulted in death sentences during the Soviet era were removed from the list of capital offenses. In 1997, life imprisonment was introduced as an alternative to capital punishment, and the number of capital offenses was further reduced. Since 1994, women have been ineligible for capital punishment, and since 2001, those under 18 at the time of the crime or over 65 at the time of sentencing have been exempt.

Despite these steps, the death penalty in Belarus has faced strong criticism from international organizations such as the United Nations and human rights groups. The vague definition of "terrorism" and the prosecution of political dissent have been particularly concerning. In 2022, Belarusian lawmakers approved a bill that introduced the death penalty for high treason among officials and military personnel, as well as for "spreading false information discrediting the Armed Forces of Belarus". This expansion of the death penalty has been denounced as a mechanism of political repression and intimidation to stifle freedom of expression.

The death penalty for non-violent crimes in Belarus is a significant concern for human rights defenders and international organizations. It is seen as a violation of international obligations and a display of disregard for human rights.

International organisations have criticised Belarus for its use of the death penalty

The United Nations has criticised Belarus for its methods of carrying out capital punishment. The country's use of the death penalty is also a factor in its exclusion from the Council of Europe. The Parliamentary Assembly of the Council of Europe has condemned "in the strongest possible terms" the executions in Belarus, underscoring the country's status as the only European nation enforcing the death penalty.

The European Union (EU) has expressed deep concern over the death penalty in Belarus, reaffirming its unwavering opposition to capital punishment in all circumstances. The EU and the Council of Europe share a vision of a death penalty-free Europe and have called on Belarus to align its legislation, institutions, and practices with European standards in the areas of human rights, the rule of law, and democracy. The EU has urged Belarus to establish a moratorium on executions as a step towards eventual abolition, which would bring the country in line with the majority of the world that has abolished capital punishment.

Amnesty International has also been vocal in its criticism of Belarus, with Marie Struthers, the organisation's Director for Eastern Europe and Central Asia, stating that Belarus is the only state in Europe and Central Asia that still uses the death penalty. Struthers emphasised that the death penalty is the "ultimate cruel, inhuman and degrading punishment" and that its expansion in Belarus signals a "shameful campaign of persecution of political opponents and human rights activists."

The U.S. State Department has joined in the condemnation, with Secretary of State Antony Blinken criticising the expansion of the death penalty in Belarus to include non-lethal "attempted acts of terrorism." Blinken characterised this expansion as an act of repression against opponents of the country's autocratic regime and its assistance to the Russian invasion of Ukraine.

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