THE DEATH PENALTY IN THE OSCE AREA
issued on 16 May 1996 that requested the government to elaborate a draft law on
the ratification of Protocol No. 6.87 As of 30 June 2004, the Russian Federation had
still not ratified Protocol No. 6. The Parliamentary Assembly of the Council of
Europe has urged the Russian Federation to abolish the death penalty and to conclude the ratification of Protocol No. 6 to the ECHR.88
Moratorium
A presidential decree instituted a moratorium on executions in 1996.89
Furthermore, a ruling of the Constitutional Court placed a temporary prohibition on
the passage of death sentences on 2 February 1999.
The Russian Constitution guarantees the right to trial by jury in cases where
the death penalty is a potential sentence.90 Accordingly, the Constitutional Court
adopted a resolution prohibiting the passage of death sentences until such time as
jury trials are introduced throughout the Russian Federation. At the time of the
decision, jury trials were available in only nine of the 89 constituent entities of the
Federation. It is envisaged that jury trials will have been introduced throughout the
Russian Federation by 1 January 2007. The introduction of jury trials will remove
the bar that the Constitutional Court has placed upon the passage of death sentences.
On 3 June 1999, a presidential decree commuted the sentences of all persons on death row to either life or 25 years' imprisonment.
Method of execution
Shooting91
STATISTICS
Death sentences
None
87
88
89
90
91
Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in
connection with accession to the Council of Europe”.
Resolution 1277, 23 April 2002.
Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in
connection with accession to the Council of Europe”, 16 May 1996.
Article 20(2) of the Constitution.
Article 186, Criminal Executive Code, 8 January 1997.
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