THE DEATH PENALTY IN THE OSCE AREA 3.9 TAJIKISTAN RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status98 ICCPR R Second Optional Protocol to the ICCPR – CRC R Status: de facto abolitionist LEGAL FRAMEWORK The Constitution provides that: “Everyone has the right to life. No one shall be deprived of life except by order of the court for exceptionally grave crimes.”99 In August 2003, the president signed legislation abolishing the death penalty for 10 crimes.100 The death penalty was retained for five crimes: murder with aggravating circumstances, rape with aggravating circumstances, terrorism, biocide, and genocide.101 Moratorium On 30 April 2004, the president of Tajikistan announced the introduction of a moratorium and signed a subsequent law to that effect on 15 July 2004. The moratorium, which was applicable from the day of its announcement on 30 April 2004, is 98 99 100 101 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 Republic of Tajikistan, 6 November 1994. Law No. 45 “On amendments to the Criminal Code”, 1 August 2003. The death penalty was removed from the Criminal Code for hostage-taking, hijacking, banditry, illicit dealing in narcotics, cultivation of illegal substances, highway robbery or piracy, attempt on the life of a public figure, violent capture of authority, aggressive war, and the deliberate infringement of the norms of humanitarian law during armed conflict. Articles 104(2), 138(3), 179(4), 399, and 398 of the Criminal Code, 21 May 1998, with amendments of 1 August 2003. 32