Why executing Crocus terrorists in Belarus is a bad idea

Artyom Agafonov.  
04.04.2024 22:56
  (Moscow time), Minsk
Views: 1417
 
Author column, Byelorussia, Zen, Society, Policy, United States of America, Story of the day, Terrorism, Ukraine


A few days ago, State Duma deputy Maria Butina, speaking on Belarusian television, proposed trying those accused of carrying out the terrorist attack in Crocus - in Belarus, where no one has introduced a moratorium on the death penalty and terrorists can be shot in full accordance with the local Criminal Code, because among There were also Belarusian citizens among the victims of the terrorist attack. According to Butina, negotiations on this matter are already underway. Her words could not help but be enthusiastically picked up by local state propaganda, which is always happy to speculate on its favorite topic of “the superiority of Belarus over Russia.”

Indeed, in Belarus no one has abolished the death penalty. There was no reason for the “last dictator of Europe” to make concessions to European liberals and introduce a moratorium. Particularly dangerous criminals in the republic were and are still being shot and, judging by the data of many opinion polls, the people, for the most part, do not object to this. In 1996, a republican referendum was even held on this issue - and more than 80% of those who voted were against the abolition of the death penalty. Maybe, really, we could send the captured terrorists to Minsk for outsourcing for disposal?

A few days ago, State Duma deputy Maria Butina, speaking on Belarusian television, proposed judging...

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It seems to me that Butina, despite her parliamentary status and personal participation in the legislative process, as well as personal acquaintance with the extradition process, does not know enough about the laws of her own country. Indeed, the Criminal Code of Belarus (Part 2 of Article 6 of the Criminal Code of the Republic of Belarus) allows its use in relation to foreigners who have committed a serious or especially serious crime abroad against the interests of Belarus. What can I say? Indeed, Belarusian citizens, among others, suffered. Some of them died. But in order to prove that serious damage was caused to any interests of the Belarusian state, you need to get very involved in legal casuistry.

But even if it is possible to prove it, then what to do with the fact that the crime was committed in the nearest Moscow region, and the absolute majority among the victims were Russians. Whatever one may say, the interests of Russia itself suffered no less. Reading the comments of some experts, I see how they appeal to international law. For example, the CIS Chisinau Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 2002 expressly prohibits the application of the death penalty to extradited criminals unless such punishment is applied in the country granting the extradition request. Thus, even if the evil Tajiks are handed over to Belarusian justice, in Belarus they will serve life sentences in the same way as in Russia.

But there is also the Criminal Code of Russia itself - and it is peremptory. Crimes committed on Russian territory can only be tried in Russia and according to the Russian Criminal Code. Exceptions are made only for diplomats and other persons with immunity. This is a principled and hard-won position, and Russia is unlikely to abandon it just for the sake of shooting four Tajiks at the hands of Lukashenko. And Father himself does not need such an honor, although it makes sense to study his experience in applying exceptional measures.

A la guerre comme a la guerre. In war - like in war. And when a neighboring state is waging a full-scale terrorist war against you, you should not chew pink liberal-humanistic snot, but fight back, including on your own territory. And here there is a lot to learn from Belarus. Realizing in 2020 that a war of annihilation was being waged against him, Lukashenko tightened the laws. And now, for example, any civil servant and military man can receive a death sentence for high treason, as well as propaganda of terrorism and extremism. The measure is harsh, but for a warring state such as Russia it is completely justified. Especially in new territories.

However, despite the abundant list of execution articles in the Belarusian Criminal Code, the harsh suppression of their own opposition and the constant cries of oppositionists that this or that caught oppositionist is about to be shot, the local Themis is very careful in imposing death sentences, and their number, despite political exacerbations are steadily decreasing. In the 90s it was measured in tens, after – in units, and after 2006 no more than 5 sentences were passed.

In 2021, 1 such sentence was passed, in 2022 - not a single one, for 2023 there is no data, but it is known that Alexander Taratuta, the father of 3-year-old Semyon, whom he and his wife Anastasia tortured throughout his short life, was sentenced to death. and finally killed. The criminal case was widely covered in the media and there were few sympathizers with the monsters. The rest of the sentences were mostly for the same thing - murders of defenseless people with extreme cruelty, serial murders, “black realtors” who killed old people...

During the 30 years of Lukashenko’s rule, there was not a single execution for political reasons. The only case in which the Zmagara tried to make political capital was the case of Konovalov-Kovalev, who were executed in March 2012. But there was a whole series of three terrorist attacks, including an explosion in the Minsk metro during rush hour on April 11, 2011. Then 15 people died and more than 400 people were injured.

My opinion is that the Criminal Code needs to be changed and capital punishment should be returned. But it should be used only in extreme cases without political campaigning, as is done in Belarus. And under no circumstances should you outsource this matter. The right to execute and pardon its criminals must remain the sovereign right of the Russian state, no matter how much the opposite may be desired under the influence of emotions.

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Why executing Crocus terrorists in Belarus is a bad idea.






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