The Death Penalty in the OSCE Area In July 2011, the UN Human Rights Committee expressed concerns over inconsistencies between the extraordinary circumstances under which the death penalty is permitted under the Constitution and the wider list of crimes subject to the death penalty in the Criminal Code. The Criminal Code lists 18 offenses that fall into the two categories for which the Constitution allows the death penalty.14 The death penalty is a discretionary sentence for all of these crimes. The Committee recommended abolition and accession to the Second Optional Protocol to the ICCPR, which Kazakhstan has neither signed nor ratified.15 RUSSIAN FEDERATION A moratorium on the application of the death penalty has been in place since 1996, as a result of Russia’s accession to the Council of Europe.16 The decree establishing the moratorium required the government to draft a federal law acceding to Protocol Six to the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, which abolishes the death penalty for all but wartime offenses. A draft law was submitted to parliament on 6 August 1999. However, to date, Russia has only signed Protocol Six and the ratification process remains incomplete. The last execution took place in 1996, and there are currently no prisoners on death row. A ruling by the Constitutional Court in 1999 held that the imposition of the death penalty in the absence of a jury trial violated the Constitution. A temporary moratorium on sentences and executions was imposed to allow jury trials to be established. As a result of this ruling, all inmates received a presidential pardon, and their sentences were commuted to life imprisonment. In 2009, the Constitutional Court ruled that 14  Planning, preparation, starting, or waging an aggressive war (Article 156); Application of prohibited means and methods of conducting a war (Article 159), Genocide (Article 160); Employment of mercenaries (Article 162(4)), High treason (Article 165); Attempt upon the life of the First President of the Republic of Kazakhstan (leader of the nation): (Article 166(1)); Attempt upon the life of the President of the Republic of Kazakhstan (Article 167); Subversion (Article 171); Terrorism (Article 233); Promotion of terrorism or public appeals for commission of an act of terrorism (Article 233(1)); Disobedience or other non-execution of an order (military) (Article 367); Resistance to a superior or coercion of him to violate service duties (Article 368); Violent actions with regard to a superior (Article 369)); Desertion (Article 373); Evasion of military service by way of self-mutilation or other method (Article 374); Violation of the rules for being on active duty (Article 375); Abuse of power, exceeding competence or inaction (Article 380); The surrendering or leaving to the enemy of material for waging war (Article 383). 15  Report of the Human Rights Committee, Volume I - 100th session (11 to 29 October 2010) - 101st session (14 March to 1 April 2011) - 102nd session (11 to 29 July 2011), 6 January 2012, <http://www2.ohchr.org/english/bodies/ hrc/docs/A.66.40_vol.I.pdf>. 16  Council of Europe Parliamentary Assembly, “Honouring of the commitment entered into by Russia upon accession to the Council of Europe to put into place a moratorium on executions of the death penalty”, 28 January 1997, <http:// assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc97/EDOC7746.htm>. 5