Capital punishment in Belarus

Belarus is the only country in Europe that continues to carry out the death penalty. As of early 2025, capital punishment remains a legal penalty, with at least one execution confirmed in 2022 and a death sentence issued in 2024.^[1] The death penalty has been part of Belarus's legal system since its independence from the Soviet Union on August 25, 1991.

Europe holds the greatest concentration of abolitionist states (blue). Map current as of 2021

  Abolished for all offences

  Retains death penalty

  Legal form of punishment but has had a moratorium for at least ten years

The current national constitution permits the death penalty for "especially grave crimes." The list of capital offenses was expanded in 2023 to include high treason.

A 1996 referendum on the issue saw 80.44% of voters support retaining the punishment; the Belarusian government consequently contends that the death penalty can only be abolished via another nationwide vote.^[2] Its continued use has drawn widespread condemnation from international organizations, including the United Nations, which criticize both the practice itself and the methods employed. The application of capital punishment is one of the main reasons for Belarus's exclusion from the Council of Europe.^[3]

History

The Belarusian Democratic Republic, as the first Belarusian state, was too short-lived to establish a codified legal system, and thus, it held no specific legal position on the death penalty.^[4]

Belarusian SSR

Until 1928, Belarus operated under the Russian legal code.^[5] When Belarus enacted its own criminal code in 1928, it introduced the death penalty for 38 crimes. Significantly, this code described capital punishment as a temporary measure. Of these 38 offenses, only two were crimes against individuals: armed robbery and murder committed by a serviceman. Exceptions to the death penalty were made for pregnant women and individuals under 18 years old.^[6] A 1935 decree, effective until 1959, lowered the age limit for execution to 12.

During the Great Purge, between 1935 and 1940, over 35,000 executions took place in Belarus,^[7] including 370 members of the literary intelligentsia.^[8] Additionally, an estimated 10,000 to 15,000 people were executed by the NKVD in prisons located in territories annexed after 1939.^[7]

In 1947, capital punishment was initially abolished,^[9] only to be reintroduced in 1950 for spies and traitors,^[10] and then in 1954 for aggravated murder.^[11] The 1960 Belarusian criminal code was adopted.^[5] In 1962, the death penalty was extended to bribery,^[12] and in 1965, the Presidium allowed its retroactive application to war criminals.^[13] Subsequent amendments to the code continued to broaden the list of capital offenses, including, for example, currency speculation.^[5]

A 1987 case involved an individual sentenced to death who was subsequently acquitted after spending nearly 15 years in prison.^[14] Furthermore, another innocent man was executed prior to the apprehension of the actual perpetrator.^[15]

Republic of Belarus

Upon gaining independence, Belarus began to limit the use of the death penalty. In 1993, the list of capital crimes was reduced eliminating economic crimes from being punishable by death. Exemptions from the death penalty were introduced for women by 1994, followed by individuals over the age of 65 in 2001. In 1997, life imprisonment was introduced as an alternative form of punishment. However, a Presidential decree in the same year expanded the list of capital offenses to include terrorism.^[14]

A new criminal code adopted in 1999 significantly reduced the number of capital crimes from 29 to 14.^[2]

in October 2005, the Parliament adopted an amendment to the Criminal Code declaring that the continued use of the death penalty was on a temporary basis only.^[16]

Lukashenko put forth the idea of another death penalty referendum in 2021, however, it was not subsequently carried out.^[17]

On December 7, 2022, Belarusian lawmakers approved a bill that punishes high treason among officials and military personnel with the death penalty.^[18] President Alexander Lukashenko signed this bill into law on March 9, 2023.^[19]

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.^[20]

As per the Criminal Code of the Republic of Belarus, capital punishment can be imposed for the following acts:^[21]

• War of aggression
• Terrorism targeting diplomatic or international personnel
• International terrorism by an organized group
• Genocide
• Crimes against humanity
• Use of weapons of mass destruction prohibited by an international treaty of the Republic of Belarus
• War crimes leading to murder
• Aggravated murder
• Terrorist acts involving murder or weapons of mass destruction
• High treason by an official or serviceman
• Seditious conspiracy resulting in death
• Terrorist murder of a civil servant or public figure
• Sabotage by an organized group, or causing death or other severe consequences
• Murder of a police officer or serviceman

The death penalty may be imposed for preparation or attempted terrorism, but not for other crimes.^[21]

Capital punishment cannot be imposed on individuals under 18 years of age, those over 65, or on women.^[21] When a mental disorder is diagnosed that deprives the condemned person of the ability to understand their actions, the death penalty isn't executed.^[22]

The death penalty isn't applied if a pre-trial cooperation agreement is reached.^[21] The Prosecutor General must review petitions for these agreements.^[23]

This letter was sent in 2012 to the mother of one of the perpetrators of the 2011 Minsk Metro bombing to notify her that her son had been executed.

Should the statute of limitations for the crime of a person sentenced to death expire, the court shall review the case. If the court does not find grounds to acquit the individual, the death penalty shall be commuted to imprisonment.^[21]

Death penalty criminal cases are presided over at first instance by a panel of one judge and two people's assessors, chosen from the general population.^[23][24] The death penalty can only be imposed on a defendant found guilty by a unanimous decision of all judges.^[23]

Executions are carried out non-publicly by shooting. Each condemned person is executed separately.^[22]

A prosecutor, a representative of the correctional facility, and a medical professional must be present at the execution. The medical professional confirms the death of the condemned.^[22]

After an execution, the facility administration notifies the sentencing court, which informs one of the deceased's close relatives. The body is not released for burial, and the burial place is not disclosed,^[22] a practice the UNHRC believes violates Article 7 of the International Covenant on Civil and Political Rights,^[25] and which the OSCE considers a violation of the Copenhagen Declaration,^[26] to both of which Belarus is a signatory.

The death penalty may be commuted to life imprisonment through a presidential pardon.^[21][20]

In 2004, the Constitutional Court of Belarus ruled that the President or the National Assembly held the authority to suspend or abolish the death penalty without requiring a new referendum.^[27] This interpretation was reaffirmed in 2010 by the Court's Head^[28] and is also shared by the Council of Europe.^[29]

Procedure

A PB pistol, used for executions in Belarus

In Belarus, prisoners sentenced to death are transferred to Minsk Detention Center No. 1 in the capital.^[25]

The execution is carried out by a member of the "committee for the execution of sentences," which also determines the execution site. According to Oleg Alkayev's book The Death Squad, on the day of execution the convict is transported to a secret location and informed that all appeals have been rejected. He is then blindfolded and taken to a nearby room. There two staffers force him to kneel in front of a bullet backstop. The executioner then shoots the convict in the back of his head with a PB-9 pistol equipped with a suppressor. Alkayev states that "The whole procedure, starting with the announcement about denied appeals and ending with the gunshot, lasts no longer than two minutes."^[30]

Following the execution, a prison doctor and other officials certify the death, and a death certificate is prepared. The remains of the executed are buried secretly, and the family is subsequently notified.^[30]

Statistics

Official data on the statistics of death penalty application in Belarus remains a state secret, making it challenging to access.^[31][32] Information is primarily compiled and made public by human rights groups, such as Amnesty International and Viasna. These organizations gather their data through various means, including occasional government disclosures, case-by-case analysis of public media reports, and information received directly from the relatives of executed individuals.^[33] Reliable figures for executions actually carried out are particularly difficult to obtain.^[34]

For the Belarusian SSR, data on death sentences is available starting from 1985.

Death sentences in Belarusian SSR^[34][35]

1985	1986	1987	1988	1989	1990
21	10	12	12	5	20

For independent Belarus, multiple conflicting estimates exist regarding the number of death sentences. All sources generally agree, however, that the application of the death penalty has been greatly reduced since the early 2000s.

Death sentences in Belarus^[a]

1991	1992	1993	1994	1995	1996	1997	1998	1999	2000	2001	2002
21	24	20	24	37	29	46	47	13	4	7	4
2003	2004	2005	2006	2007	2008	2009	2010	2011	2012	2013	2014
4	2	2	9	4	2	2	2	3	0	4	0
2015	2016	2017	2018	2019	2020	2021	2022	2023	2024
2	4	4	2	3	3	0	0	1	1

While the last confirmed execution took place in 2022,^[45] the Supreme Court rejected a death row inmate's appeal in January 2024.^[46] As of Spring 2025, no further information regarding his fate has been released.

Death sentences can be commuted either by a decision from a higher court or through a Presidential pardon; both methods are rarely utilized. In 2012, President Lukashenko stated he had pardoned only one man during his entire presidency up to that point.^[47][b] Since then, there are three other known cases of pardons, including that of Rico Krieger as part of the 2024 Ankara prisoner exchange.^[38] Conversely, there have been instances where prosecutors successfully petitioned for a reconsideration of a case, resulting in the imposition of a death sentence.^[48]

Typically, there is roughly a one-year gap between the issuance of a death sentence and its execution.^[49] The overwhelming majority of individuals executed are convicted of murder.^[38][50][51] However, those responsible for the 2011 Minsk Metro bombing and Rico Krieger in 2024 were sentenced for terrorism.^[38]

Public opinion

In a 1996 referendum one of the seven questions addressed the abolition of the death penalty. The results showed that 80.44% of Belarusians opposed its abolition.^[52]

In 2000, 65% of Belarusians supported capital punishment.^[53] By 2010, support for retaining it fell to 48.2%, with 39.2% favoring abolition.^[54][c] In 2013, 46% of Belarusians supported the death penalty, while 44% advocated for its gradual abolition.^[56] A 2017 poll conducted by a think tank associated with Lukashenko reported 60% support for the death penalty. Of those polled, 31% supported abolition, which included 18% who favored complete abolition.^[57] Support continued into 2020, with 63% of Belarusians endorsing the death penalty.^[58] In 2021, the Head of the Sociology Institute of NASB claimed on state TV that only 7% of the population supported its abolition.^[59]

International reactions

Condemns 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 regularly and widely enforced.

— Parliamentary Assembly of the Council of Europe, 26 January 2000^[60]

The Council of Europe has maintained a consistent stance, urging Belarus to implement a moratorium on the death penalty as a prerequisite for its membership.^[61] This position dates back to at least 2001, when European Council members suggested that Belarus abolish capital punishment before seeking Council membership.^[3] Belarus's continued non-compliance led to the suspension of high-level contacts between Belarus and the PACE in 2010.^[62] The EU has similarly and repeatedly endorsed a moratorium.^[63]

The United Nations has also expressed strong disapproval. In 2022, the UNHRC condemned Belarus for executing a person whose case was under Committee consideration, a breach of the Optional Protocol, which Belarus had accepted in 1992.^[64][d] Since 2007, Belarus has consistently abstained from biennial UN General Assembly votes on a death penalty moratorium.^[66]

In 2023, U.S. Secretary of State Antony Blinken criticized Belarus's expanded death penalty scope, fearing its use to intimidate political opposition.^[67]

The UK Foreign Office criticized Belarus's use of the death penalty after the 2011 Minsk bombings' perpetrators were executed.^[68] In 2018, the German Foreign Office also called for an immediate moratorium.^[69]

In 2012, Russian Foreign Minister Sergey Lavrov stated that the decision on capital punishment was a sovereign matter for each state. However, he acknowledged that Belarus's eventual accession to the Council of Europe, which would require abolishing the death penalty, was in Russia's interest.^[70]

For its part, Belarus has largely defended its position by citing domestic factors. In 2019, then-Foreign Minister Vladimir Makei stated that public sentiment in Belarus favored capital punishment, but the government was working toward changing that.^[71] In 2022, after the Council of Europe suspended cooperation, Belarus's MFA claimed this jeopardized constructive dialogue on the death penalty.^[72] President Lukashenko, in 2013, called the death penalty "not good" but "necessary in some cases."^[73] In 2018, he contrasted European concerns with the lack of such conditions from Russia and China.^[74]

Notes

1. This table primarily compiles data from the Belarusian human rights organization Viasna. Figures for 1991–2013 are drawn from their site^[36] and are almost fully corroborated by another report citing Ministry of Justice data.^[37] The data for 2011 differs between these two reports; the figure from the report citing MoJ data is preferred as it aligns with the total presented by Amnesty International. For 2014 onwards, data is based on manual analysis of Viasna's list of death penalty cases.^[38]

   Alternative estimates from various sources present slightly different figures. For example, BelaPAN reported 278 executions between 1992 and 2010^{[39][better source needed]}, and later a total of 406 death sentences from Belarus's independence up to 2016.^[40] Amnesty International estimated 245 sentences between 1994 and 2014 based on Ministry of Justice data^[41] (compared to Viasna's 244 for the same period), and provided higher annual estimates for the 1990s (e.g., 40^[42] in 1994, 46^[42] in 1995, 53^[42] in 1994, 46^[43] in 1996, 55^[43] in 1997, 84^[34] in 1998) and for 2003 (5)^[34] and 2004 (5)^[34]

   It is important to distinguish between death sentences issued and executions carried out; the latter typically occur later than sentencing and may involve individuals from previous years. For instance, in 2018, 4^[44] executions took place while only 2 new sentences were imposed.

   Oleg Alkayev, a former director of SIZO No. 1, claimed that 134 executions took place at the prison between December 1996 and May 2001, when he left Belarus to live in exile in Berlin, Germany.^[30]

2. According to a report by the Belarusian Embassy in the UK in 2006, President Lukashenko pardoned two individuals between June 30, 2003, and June 30, 2005^[2]
3. A poll from the same year by a think tank affiliated with the President of Belarus showed 79.5% support for the death penalty and only 4.5% favoring abolition.^[55]
4. Belarus denounced the Optional Protocol in late 2022.^[65]