The Death Penalty in the OSCE Area
the moratorium be extended indefinitely until Russia has ratified Protocol Six.17 No
steps towards abolition were taken during the reporting period.
Debates on ending the moratorium and reinstating the death penalty for terrorismrelated acts, spurred by the 2010 Moscow Metro bombings and the 2011 bombing
of Moscow Domodedovo Airport, continued during the reporting period. In March
2012, the Public Opinion Foundation, a major Russian polling centre, conducted a
poll that revealed that 62 per cent of the country’s residents would like the moratorium on the death penalty to be lifted, and for executions to resume. Respondents
who favored the death penalty suggested using the punishment for sexual offenses
against teenagers (72 per cent), murder (64 per cent), terrorism (54 per cent), drug
trafficking (28 per cent) and treason (12 per cent). Meanwhile, 21 per cent of those
polled felt that Russia should maintain the moratorium, and five per cent were in
favor of abolition for all crimes.18 These results marked an 18 per cent reduction in
approval from previous polls in 2001, when 80 per cent of respondents were in favor
of capital punishment.19
TAJIKISTAN
An official moratorium on death sentences and executions has been in place in Tajikistan since 15 July 2004. Under the Criminal Code of the Republic of Tajikistan, the
death penalty can be applied for five crimes: murder with aggravating circumstances;
acts of terrorism that result in death; rape of a minor (under 14 years of age) not
resulting in death; genocide; and biocide.20 The imposition of the death penalty is discretionary for all of these offenses. In March 2005, the Criminal Code was amended,
establishing alternative sanctions in the form of long-term life imprisonment, and
life without parole in the case of particularly serious offenses. The last execution took
place in 2004, and there are currently no prisoners on death row. All death sentences
were commuted to life imprisonment following the moratorium.
17 “Russian Federation: Death Penalty Ruled Unconstitutional”, The U.S. Library of Congress, 1 December 2011,
<http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205401702_text>.
18 “Capital punishment: Russians want return of death penalty”, RT.com, 29 March 2012, <http://rt.com/news/deathpenalty-return-russia-787/>.
19 Reynolds, Maura, “Russian President Takes Stand Against Reviving Death Penalty”, Los Angeles Times, 11 July
2001, <http://articles.latimes.com/2001/jul/11/news/mn-20909>.
20 Article 104(2), Article 179(3), Article 138(3); Article 398; Article 399 of the Criminal Code, 21 May 1998, amended on 3 July 2012.
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