peacetime offences since the Constitutional Court ruled in December 1999 that
capital punishment is inconsistent with the Constitution in times of peace. Malta,
which ratified Protocol No. 6 of the ECHR in 1991, also retains the death penalty
only for military crimes in times of war.
Four participating States fully retain capital punishment for peacetime and wartime
crimes but have introduced official or unofficial moratoria: Armenia (1991),
Kyrgyzstan (1998), the Russian Federation (1996), and Turkey (1984).
In Bosnia-Herzegovina, one of the two entities, the Federation of Bosnia and
Herzegovina, abolished capital punishment in 1998, while the other entity,
Republika Srpska, retains the death penalty for a range of peactime and wartime
offences, albeit there exists a de facto moratorium on the passing of death
sentences.
Executions are confirmed to have taken place in at least four participating States
during the period under review: in Belarus, Chechnya (within the Russian
Federation), Kyrgyzstan17 and the United States of America. Tajikistan,
Turkmenistan18, and Uzbekistan are believed to have carried out the death penalty,
although no officially confirmed information was available. In Kazakhstan, which
also retains the death penalty, no executions were reported officially or unofficially.
4.1. Albania
On 10 December 1999, the Constitutional Court of Albania decided that the death
penalty is incompatible with the new 1998 Constitution in times of peace and thus
de facto abolished capital punishment for all peacetime offences, although the
Criminal Code has not yet been amended accordingly. All death sentences have
been commuted to sentences of life following the Court's decision, which is
binding to all courts19.
Albania so far has neither signed nor ratified Protocol No. 6 to the ECHR, although
the deadline to which Albania agreed upon accession to the Council of Europe in
1995 expired on 13 July 199820.
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