60 The Death Penalty in the OSCE Area 4.4 KYRGYZSTAN Relevant International Instruments 122 Ratification Status122 International Instruments ICCPR R Second Optional Protocol to the ICCPR - CRC R Status: de facto abolitionist Legal Framework The Constitution provides that the death penalty may be used only in exceptional cases.123 The death penalty is currently retained for three crimes: murder, rape of a female minor, and genocide.124 The Ministry of Justice has developed a draft law “On introducing amendments to certain legislative acts of the Kyrgyz Republic” that envisages abolition of the death penalty. The draft law, which was approved by the government on 7 October 2005,125 was forwarded for parliamentary review. The Ministry of Justice has also developed a draft law on accession to the Second Optional Protocol of the ICCPR. On 17 April 2006, the president submitted the draft law to the parliament for consideration. Both laws were reviewed and subsequently rejected by the parliament.126 Three current drafts of the Constitution of the Kyrgyz Republic contain provisions on abolition of the death penalty. Moratorium An official moratorium on executions is in place. A moratorium was initially introduced by a presidential decree that entered into force on 8 December 1998. The moratorium has subsequently been extended on an annual basis. On 29 December 2005, the presidential decree extended the moratorium indefinitely, from 1 January 122 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 123 124 125 126 Article 18 of the Constitution of the Kyrgyz Republic, 5 May 1993. Articles 97 (2), 129 (4), and 373 of the Criminal Code, 1 October 1997. Decree No. 473 of the Government of the Kyrgyz Republic, 7 October 2005. In accordance with the Law of the Kyrgyz Republic “On Regulations of the Parliament of the Kyrgyz Republic”, Article 105, the rejected draft law can be considered by the parliament six months after its rejection.