THE DEATH PENALTY IN THE OSCE AREA 3.5 KAZAKHSTAN RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status57 ICCPR S Second Optional Protocol to the ICCPR – CRC R Status: de facto abolitionist LEGAL FRAMEWORK The Constitution of the Republic of Kazakhstan envisages the death penalty, as an exception to the right to life, for 10 especially grave crimes:58 murder with aggravating circumstances; terrorism; attempt on the life of a person administering justice or preliminary investigations; attempt on the life of the president; state treason; sabotage; planning, preparation, or conduct of aggressive war; use of prohibited means and methods of conducting war; genocide; and mercenary participation in armed conflict. The death penalty is also envisaged for eight military crimes if committed in time of war.59 Moratorium A presidential decree placing a moratorium on executions was introduced in December 2003.60 The moratorium is not limited to a particular time frame but is in place until the question of the full abolition of the death penalty is resolved. In addition, the presidential decree also provided for the introduction of life imprisonment as an alternative to the death penalty from 1 January 2004. 57 58 59 60 R = ratified, S = signed, a dash (–) indicates that the participating State has neither signed nor ratified the relevant instrument. Article 15 of the Constitution of the Republic of Kazakhstan, 30 August 1995. Also see Article 49(1) of the Criminal Code, 1 January 1998. Articles 96(2), 156(2), 159(2), 160,162(4), 165, 167, 171, 233, 340, 367(2), 368(3), 369(3), 373(3), 374(3), 375(3), 380(3), 383 of the Criminal Code of the Republic of Kazakhstan. Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the Republic of Kazakhstan”, 17 December 2003. 22