The Death Penalty in the OSCE Area
violated and allegations of torture not adequately addressed in a case that resulted
in the handing down of a death sentence and subsequent execution.15 On 22 July
2009, it published its Views, recalling that the imposition of a death sentence after
proceedings that did not meet fair-trial requirements amounted to a violation of the
right to life, pursuant to Article 6 of the International Covenant on Civil and Political
Rights.16
2. Partly Abolitionist States
LATVIA
At present, the Criminal Code of Latvia allows for the imposition of death sentences
for convictions for murder with aggravating circumstances, and only when committed in wartime.17 The country is in the process of ratifying Protocol No. 13 to the
Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in both wartime
and peacetime. On 19 May 2008, the Government of Latvia endorsed a draft law on
the ratification of the Protocol. The approval of the parliament is still being sought,
and there have been no further developments in the reporting period for the 2010
Background Paper.18
3. De Facto Abolitionist States
KAZAKHSTAN
In Kazakhstan, the death penalty has been abolished for most cases, except acts of
terrorism entailing loss of life and grave crimes committed in wartime.19 While a law
entered into force in 2009 reducing the number of crimes for which death sentences
could be handed down from 18 to eight,20 later legislative developments saw the ap15 Communication No. 1280/2004, Tolipkhuzhaev v. Uzbekistan, Views adopted on 22 July 2009.
16 Ibid.
17 Article 37 of the Criminal Code of Latvia, 15 October 1998, as amended on 18 May 2000.
18 Response to the ODIHR questionnaire on the death penalty from the Permanent Mission of Latvia to the OSCE,
15 July 2010.
19 Constitution of the Republic of Kazakhstan, as amended on 21 May 2007.
20 These crimes were genocide, mercenary, high treason, sabotage, terrorism, application of prohibited means and
methods of conducting a war and planning, preparation for, starting or waging a war of aggression.
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