apparently has been complied with during the years South Ossetia has not been
under Georgian Government control.
4.7 Kazakhstan
With the coming into force of the new Criminal Code of Kazakhstan on 1 January
1998, the scope of capital punishment was reduced from 18 to three peacetime
crimes (premeditated and aggravated murder, genocide and sabotage). The death
penalty also applies to treason in time of war as well as to eight military crimes.
Women, persons who were minors at the time of the crime, and men who are over
65 when the sentence enters into force are excluded from capital punishment. The
death penalty can be carried out not earlier than one year after the sentence in order
to avoid judicial errors35.
There is no moratorium on executions in place. It is planned to introduce life
imprisonment as an alternative to capital punishment by 2003, but President
Nazarbayev has reportedly stated that if international aid for the construction of
suitable prisons were made available, this date could be brought forward36.
In violation of paragraph 17.8 of the Copenhagen Document, Kazakhstan does not
disclose official statistics on the use of the death penalty. At least 51 death
sentences were handed down in 1998, of which five were commuted by the
Amnesty Commission appointed by the President37. According to the Prosecutor's
Office, 63 persons were sentenced to death in 1999. Fifteen of these death
sentences were subsequently commuted or annulled by the Supreme Court38.
4.8 Kyrgyzstan
The new Criminal Code of Kyrgyzstan which has been in force since 1 January
1998 allows the application of the death penalty in connection with five offences:
terrorism, murder, aggravated crimes, rape, and state treason. A two-year
moratorium on executions was introduced by a presidential decree signed on 5
December 1998.39.
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