decision, with only a perfunctory appeal and clemency process61.
Given the poor prison conditions in Turkmenistan, which have led to numerous
deaths from untreated disease and overcrowding, international observers have
questioned the meaningfulness of the recent move to abolish capital punishment.
4.16 Ukraine
On 30 December 1999, the Constitutional Court of Ukraine decided that capital
punishment is unconstitutional and thus de facto abolished the death penalty for all
crimes. In its ruling, the Court referred to, inter alia, the provisions in the
Constitution protecting the inherent human right to life and the freedom from
torture or other cruel, inhuman, or degrading treatment or punishment62.
A de facto moratorium on executions had been introduced by President Leonid
Kuchma in March 1997, but Ukrainian courts had continued to pass death
sentences. Ukraine had committed itself to abolish capital punishment and to ratify
Protocol No. 6 to the European Convention on Human Rights upon accession to the
Council of Europe in 1995. The deadline for ratification set by the Council of
Europe expired in November 1998. Subsequently, the Parliamentary Assembly of
the Council of Europe warned Ukraine that it would commence the procedure for
the annulment of the credentials of the Ukrainian delegation if substantial progress
concerning the abolition of the death penalty and some other fields were not made
by 21 June 1998. On 24 June 1999, however, this deadline was extended to the
next session of the Parliamentary Assembly in January 200063.
According to the Chairman of the Supreme Court, 146 people were sentenced to
death in 1998. Within the same time period, the Supreme Court cancelled three
death sentences passed by regional and military courts, and commuted 13 to long
term imprisonment64. As of 1 January 1999, 388 persons sentenced to death were
being held in prison65. During the first six months of 1999, Ukrainian courts
passed 35 death verdicts66. No executions were reported during 1998 and 1999.
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