KYRGYZSTAN 3.6 KYRGYZSTAN RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status68 Article 6 of the ICCPR R Second Optional Protocol to the ICCPR – Article 37 (a) of the CRC R Status: de facto abolitionist LEGAL FRAMEWORK The Constitution provides that the death penalty can be used only in exceptional cases.69 On 23 March 2004, the president signed amendments to the Criminal Code abolishing the death penalty for three crimes:70 attempt upon the life of a state or public official, attempt upon the life of a person administering justice or conducting an investigation, and attempt upon the life of a law-enforcement officer. The death penalty is now retained for three crimes: murder, rape of a female minor, and genocide.71 Moratorium An official moratorium on executions is in place. A moratorium was initially introduced by a presidential decree that entered into force on 8 December 1998. The moratorium has subsequently been extended four times. The current moratorium will be in place until the end of 2004.72 The UN Human Rights Committee has commended the moratorium on executions and has urged Kyrgyzstan to extend it 68 69 70 71 72 R = ratified, S = signed, a dash (–) indicates that the participating State has neither signed nor ratified the relevant instrument. Article 18 of the Constitution of the Kyrgyz Republic, 5 May 1993. Law No. 46 “On amending the Criminal Code of the Kyrgyz Republic”, 23 March 2004. Articles 97(2), 129(4), and 373 of the Criminal Code, 1 October 1997. Presidential Decree No. 425 “On prolongation of the term of the moratorium on execution of the death penalty in the Kyrgyz Republic”, 30 December 2003. 25