#death penalty for treason #death penalty for attempted crime #the body of the executed person is not handed over for burial #public opinion
Belarus remains the last country in Europe and the former Soviet Union to apply the death penalty to its citizens. The death penalty is carried out by firing squad. The body of the executed person is not given to the family.
Official sources do not give the exact number of death sentences carried out during the years of the country's independence. Estimates based on indirect data show that about 350 persons were sentenced to death and executed. There were more than 160 persons sentenced to life imprisonment as of February 2019.
The sanctions of more than fifteen articles of the Criminal Code provide for the death penalty, although none of them defines it as the sole possible punishment.
Over the last two years (2023 — 2022), the list of offenses punishable by death has expanded. Currently the death penalty can be imposed for treason (according to the National Assembly, these changes aim "to exert a deterrent effect on destructive elements and demonstrate a resolute fight against treason to the state") and for attempts at certain crimes (state media comments suggest that the goal is to influence the activity of protest actions against Belarus's participation in Russia's aggression against Ukraine, and the use of our country's infrastructure and territory to aid the aggressor).
#death penalty for treason
On March 25, 2023, the "Law on Amendments to the Codes Regarding Criminal Responsibility" came into effect, further expanding the application scope of the death penalty. According to the additions to Article 356 of the Criminal Code, the death penalty can now be applied for state treason committed by an official in a responsible position, a public official, or a military servant.
Human Rights Defenders' Position:
We note that the public was not provided with clear justifications for the need to expand the use of the death penalty. According to the National Assembly, such changes are introduced "to exert a deterrent effect on destructive elements and demonstrate a resolute fight against state treason." <...>
We are particularly concerned about the possibility of using the death penalty as a mechanism for political repression and intimidation to suppress free expression and open dissent against the current government. One example of the politically motivated use of Article 356 of the Criminal Code (state treason) is the case of Denis Urad, Captain of the Belarusian Armed Forces, who was sentenced to 18 years for disseminating publicly significant information about the use of the armed forces to suppress peaceful protests in Belarus in 2020.
#death penalty for attempted crime
On April 27, 2022, amendments were made to the Criminal Code, introducing the possibility of applying the death penalty for attempts at certain crimes. Specifically, it is proposed to apply the death penalty for preparation and attempt of crimes stipulated by part 2 of Article 124 (Act of terrorism against a representative of a foreign state or international organization), part 3 of Article 126 (Act of international terrorism), part 3 of Article 289 (Act of terrorism), and part 2 of Article 359 (Act of terrorism against a state or public figure) of the Criminal Code.
Human Rights Defenders' Position:
We note that no clear justifications have been provided to the public for the need to expand the scope of the death penalty. However, comments from state media suggest that their goal is to influence the activity of protest actions against the participation of the Republic of Belarus in Russia's aggression against Ukraine and the use of our country’s infrastructure and territory to assist the aggressor. It is important to consider that the residents of Belarus are deprived of their lawful right to influence the authorities on such an important issue that directly affects their interests.
#who is exempt from the death penalty:
The death penalty is inapplicable to:
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individuals who committed crimes under the age of eighteen;
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women;
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men who have reached the age of sixty-five by the date of the sentencing.
Hence, foreign nationals can also be sentenced to death in Belarus (see the 2024 case of Rico Krieger).
#the body of the executed person is not handed over for burial
In Belarus, the death penalty is shrouded in secrecy. The body of the executed is not returned to the family for burial, and the location of their grave is not disclosed. The refusal to hand over the body for burial adds to the trauma experienced by the family. There are various rumors about the burial site, with Northern Cemetery often mentioned. Some relatives of the executed, if they learn about the execution swiftly, scour all the city cemeteries in search of new graves, hoping to identify their loved one's grave. For instance, it is known that Svetlana Zhuk, the mother of executed Andrei Zhuk, searched for his grave in this manner.
Such practices were deemed inhumane by the UN Human Rights Committee back in 2003 (see communications "Bondarenko v. Belarus," "Lyashkevich v. Belarus"). The Committee demanded the country rectify these violations. However, Belarus has ignored its obligations.
#verdicts
The exact number is unknown; approximately around 350 persons were sentenced to death.
According to information provided by the Ministry of Justice of the Republic of Belarus, from 1990 to 2011, 326 persons were sentenced to death in Belarus (data on sentences that have come into legal effect) — as reported by www.eurocenter.by.
According to media reports, the following is known about the application of the death penalty in Belarus:
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From 1999 to 2003, "no more than 7 persons per year" were executed, according to Interior Minister Vladimir Naumov in a November 2004 interview with "Sovetskaya Belorussiya."
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In 2004, five individuals were executed, also confirmed by Minister Naumov.
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In 2005, two individuals were sentenced to death, although these sentences were not carried out.
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In 2006, nine individuals received death sentences and seven were given life sentences. These sentences are to be carried out over several years. The spike in death and life sentences that year was due to the Supreme Court, the Gomel Regional Court, and military courts handling several extensive criminal cases against groups and organizations, involving up to 48 individuals (the notorious Morozov gang case).
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In 2009, two individuals, A. Zhuk and V. Yuzepchuk, were sentenced and executed in 2010. Their crimes were committed independently of each other.
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In 2010, three individuals were sentenced: A. Burdyko and O. Grishkovtsov for related crimes, and I. Myalik, whose sentence took effect in 2011. The sentences against Burdyko and Grishkovtsov were executed.
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In 2011, two individuals, Vladislav Kovalev and Dmitry Konovalov, were executed. Additionally, a sentence against I. Myalik became effective (current status unknown), thus some sources report three death sentences for that year.
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No death sentences were issued in 2012.
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In 2013, four death sentences were issued. Convicts Alexander Grunov, Grigory Yuzepchuk, Pavel Selyun, and Eduard Lykov were all executed.
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No death sentences were issued in 2014.
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In 2015, two individuals, Ivan Kulesh and Sergey Ivanov, were sentenced to death and subsequently executed.
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In 2016, three death sentences were issued. Convicts Gennadiy Yakovitskiy, Sergey Khmelevsky, and Sergey Ostriko were all executed.
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In 2017, five individuals were sentenced to death and executed: Alexey Mikhalenya, Igor Gershankov, Semen Berezhnoy, Kirill Kazachok, and Victor Letov
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In 2018, 2 death sentences were issued. Convicts Alexander Zhilkov and Vyacheslav Sukharko were likely executed.
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In 2019, 3 death sentences were issued. Convicts were Alexander Osipovich (executed on December 17, 2019), Viktor Pavlov (executed on May 13, 2021), and Viktor Sergel.
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In 2020, 3 death sentences were issued. Convicts Stanislav Kostev, Ilya Kostev (brothers) had their sentences commuted to life imprisonment, and Viktor Skrundik was executed on July 16, 2022.
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Information for 2021 will be updated later.
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No death sentences were issued in 2022.
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In 2023, Alexander Taratuta was sentenced to death.
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In 2024, German citizen Rico Krieger received a death sentence. Rico Krieger was pardoned by A. Lukashenko. Krieger with Russian political prisoners were exchanged for FSB officer Vadim Krasikov, who was sentenced to life imprisonment in Germany.
#life imprisonment
As of February 2019, more than 160 individuals were serving life sentences in Belarus. This information was provided by Valentin Sukalo, the Chairman of the Supreme Court, during the program "A Conversation at the President's" on the Belarus 1 TV channel.
Life imprisonment was introduced in Belarus in 1997, hence it was not available as an alternative to the death penalty during the 1996 referendum.
Under the law, after serving twenty years, a person sentenced to life imprisonment, or someone whose death sentence has been commuted to life imprisonment by pardon, may have their sentence reduced to a fixed term of imprisonment by the court. This decision is based on the convict's behavior, health condition, or age, and the term cannot exceed five years. As of 2024, there are no known cases of such commutation.
#clemency
A convict may request clemency from the President of the Republic of Belarus. If granted, the death penalty is replaced with life imprisonment. The exact number of pardons granted is unknown. The only publicly known cases include the Kostev brothers, Stanislav and Ilya, who were pardoned in 2021.
In 2024, Rico Krieger was pardoned by A. Lukashenko. Krieger with Russian political prisoners were exchanged for FSB officer Vadim Krasikov, who was sentenced to life imprisonment in Germany.
#public opinion
Currently, we can confidently refer only to data from a study conducted between 2013 and 2014.
In short:
- In Belarus, the number of supporters for abolishing the death penalty has surpassed the number of opponents. Those wanting to abolish the death penalty, adhere to a moratorium, and move towards abolition constitute 43.3%; those preferring to maintain its application as is or even expand it make up 41.9%.
- Awareness levels are low and continue to decline. 37.3% of respondents are unaware that the death penalty is still in effect in the country.
- Belarusians distance themselves from responsibility for the death penalty. Only 9.3% of citizens believe that the people have a say in maintaining the death penalty. And only 5.6% of respondents think that the public bears responsibility for carrying out executions.
#belhelcom stance
When discussing the death penalty, the debate often centers on two key aspects: the risk of judicial error, which supports arguments against the death penalty, and the nature of the crime, which fuels arguments that certain individuals deserve such a punishment. The potential for judicial mistakes is a critical concern. However, let's consider a scenario of perfect justice, where such errors are supposedly non-existent. Would this automatically validate the death penalty?
The focus on the criminal is also emotionally understandable. Nevertheless, the Belarusian Helsinki Committee wishes to highlight that the death penalty also affects the broader dynamics of justice and societal attitudes, as well as lifes of honest citizens whose country permits such a punishment.
We consistently advocate for the abolition of the death penalty in favor of a non-lethal alternative, such as life imprisonment.
Our stance is clear: we advocate for the abolition of the death penalty in favor of another noncapital punishment, which is life imprisonment.
Every crime must be punished.
However, this should not come at the expense of our inner integrity, our ethical self.
We opt for life imprisonment over the death penalty not out of indifference to crime.
Accountability is inevitable. An execution remains an execution, even if it is noncapitak.
But we do not punish ourselves.
We do not inflict upon ourselves the most severe, inexcusable, and irreversible evil – murder.
Because we are humans.