ABOLISHMENT OF THE DEATH PENALTY IN EUROPE. STUDY CASE: BELARUS

Abstract

The right to life is considered by both the international doctrine and the universal and regional international treaties in the field of fundamental human rights and liberties as being the first among all these fundamental human rights and liberties,  an essential principle among the core rights because inter alia it represents the foundation for the enjoyment of all the other human rights. The right to life is an intangible and inalienable right of the human being. As a consequence,  this core of fundamental values which must be common to all nations, states and individuals may not be derogated from. The right to life, as well as the prohibition against torture and the violation of human dignity are included by the  international doctrine within this category. The European standards on the protection of the right to life and the abolishment of death penalty respectively are established by the Council of Europe through first of all the legal foundation  consecrated y the European Convention on Human Rights, its Protocols 6 and 13 and the case-law of the European Court of Human Rights. The Council of Europe qualifies the death penalty as cruel, inhumane and degrading. It is against human  rights and is a symptom of a culture marked by violence. Moreover, there is no evidence that capital punishment deters crime. Regardless of the gravity of the offence and the public interest in imposing a proportionate sanction, European  democratic standards prohibit the use of the death penalty in all circumstances. Currently, Belarus is the only state on the European continent that still carries out executions in its territory. Therefore, the goal to introduce a moratorium on the  death penalty as soon as possible and to consider its full abolition in the future it is a zero priority for the Council of Europe.