KAZAKHSTAN Subsequent amendments to the Criminal Code provide for the suspension of all executions while the moratorium is in place and set out the status of those persons that are subject to the moratorium.61 In the event of the cancellation of the moratorium, the Criminal Code provides that all death sentences should be executed within one year. All those persons who had been subject to the moratorium would have the right to appeal to the Clemency Commission for commutation of their sentences.62 There are currently 27 persons on death row in Kazakhstan. Persons subjected to the moratorium are currently detained in pre-trial detention facilities. Method of execution Shooting63 STATISTICS Death sentences Official statistics provided by the Office of the Prosecutor-General indicate that nine death sentences were passed in the period from 30 June 2003 to 30 March 2004. No death sentences entered into force (i.e., all appeals stages exhausted) in this period. According to unofficial statistics, only one death sentence has been passed since the moratorium was put in place, but this was subsequently reduced to life imprisonment by the Supreme Court. Executions Official statistics provided by the Office of the Prosecutor-General indicate that no executions were carried out in the period from 30 June 2003 to 30 March 2004. 61 62 63 Law of the Republic of Kazakhstan No. 514-II “On the introduction of amendments and additions to legislative acts of the Republic of Kazakhstan on the introduction of life imprisonment”, 31 December 2003; Law of the Republic of Kazakhstan No. 529-II “On the introduction of amendments and additions to the Criminal Code and Criminal Procedure Code of the Republic of Kazakhstan in connection with the introduction of a moratorium on the execution of the death penalty”, 10 March 2004. Article 49 of the Criminal Code of the Republic of Kazakhstan; Article 166(1) of the Criminal Procedure Code of the Republic of Kazakhstan. Article 49 of the Criminal Code; Article 167 of the Criminal Executive Code, 13 December 1997. The death penalty cannot be executed until one year after all appeals have been exhausted. 23