Could Moscow attack suspects face execution in Belarus?

The terror attack on Moscow's Crocus City Hall has ignited debate about the reintroduction of the death sentence in Russia. Given that 140 people died and more than 500 were wounded at the concert hall on March 22, emotions are running high.

Bringing back capital punishment would mean changing the current constitution, which as of 1993 defined the practice as "an extraordinary measure until it is abolished by a federal law."

Shortly after, in 1997, the death sentence was suspended by moratorium under then-President Boris Yeltsin.

As a potential workaround, Russian propagandists and politicians are proposing that suspected terrorists be transferred to Belarus, where the perpetrators could be executed following a guilty verdict.

Belarus is the only country in Europe and the former Soviet Union that still applies the death penalty.

More than 10 people were arrested in the wake of the attack, with four of them described as direct perpetrators by investigators.

In Russia, they face a minimum sentence of 15 years in prison, but could potentially be imprisoned for life.

Decision to be made 'in line with public expectations'

The first to speak out in favor of the resurrecting the death sentence was Dmitry Medvedev, deputy chairperson of Russia's Security Council, and former president.

Vladimir Vasilyev, chair of the ruling United Russia party in the State Duma, said the matter would be examined in the lower house of parliament and a decision would be made "in line with public expectations."

Senator Andrey Klishas also weighed on the debate, saying that even if the moratorium were lifted, it would still not be possible to impose the death penalty as terrorism doesn't fall into the category of exceptional cases allowed before the moratorium.

State Duma member Maria Butina has suggested transferring the suspected perpetrators over to Belarus. Belarus and Russia are linked in a "union state," she pointed out, meaning that Belarus has "the same right" to judge the defendants as the Russian Federation, as Belarusian citizens were also killed in the attack.

"The defendants believe they can escape the death penalty because of the moratorium in Russia. But we will see, because negotiations are underway," Butina told state television broadcaster Belarus1.

So far, however, neither Russian nor Belarusian authorities have confirmed such talks.

Loss of control makes transfer unlikely

For a case to be heard in a Belarusian court, the investigation must be conducted by local officials. Maria Kolesova-Gudilina, head of the Belarusian Association of Human Rights Lawyers, doesn't believe Russian authorities would ever entrust Belarusians with such an important case as doing so would mean relinquishing control of the proceedings.

Moreover, such a trial would call into question the sovereignty of both states. "One would wonder whether Russia, as an independent and autonomous state, wouldn't be able to solve security and justice problems within its own borders," she said.

Moscow, Minsk fighting terrorism together

The legal agreement binding Russia and Belarus in a union does foresee cooperation in the fight against terrorism, but it doesn't spell out a mechanism for the transfer of criminal cases between the two states. Since Belarusian nationals also died in the Moscow attack, Belarus could request extradition of the suspects.

But after the extradition, it would no longer be possible to prosecute those individuals in Russia.

Kolesova-Gudilina thinks extradition is unlikely because the attack took place on Russian territory and most victims were Russian citizens, she said, adding that Russia has also ratified the Chisinau Convention, which prohibits transferring someone if they risk the death penalty.

As such, if Belarus were to request extradition, it would have to assure Moscow that the defendants would not be executed and would only receive, at most, receive a life sentence.

Such cases have already taken place. In 2022, for example, Russia extradited gang member Sergei Derbenev to Belarus, where he was sentenced to 15 years in prison for the murder of several people. This was the maximum sentence that the Belarusian court could impose. As Derbenev had been extradited from Russia, the Belarusian General Prosecutor's Office had guaranteed that it would not demand the death penalty.

Kolesova-Gudilina also believes an illegal transfer of the alleged terrorists to Belarus is unlikely.

"Even if one assumes that they would simply be dropped off at the border with Belarus, the proceedings against them in Russia would have to be dropped. Given the highly explosive nature of this case, it is unlikely that authorities would agree to this," she said.

This article was originally written in Russian.