64 The Death Penalty in the OSCE Area 4.6 THE RUSSIAN FEDERATION 136 Relevant International Instruments Ratification Status136 International Instruments ICCPR R Second Optional Protocol to the ICCPR - CRC R ECHR R Protocol No. 6 to the ECHR S Protocol No. 13 to the ECHR - Status: de facto abolitionist Legal Framework The Constitution of the Russian Federation provides for the death penalty, until its abolition, as an exceptional punishment for especially grave crimes against life.137 The Criminal Code of the Russian Federation envisages the death penalty for five crimes: murder with aggravating circumstances, assassination attempt against a state or public figure, attempt on the life of a person administering justice or preliminary investigations, attempt on the life of a law-enforcement officer, and genocide.138 Upon accession to the Council of Europe on 28 February 1996, the Russian Federation committed itself to introducing a moratorium on executions and to ratifying Protocol No. 6 to the ECHR within three years. A presidential decree was issued on 16 May 1996 that requested the government to draft legislation on ratification of Protocol No. 6.139 A draft law was submitted to the parliament (the State Duma) on 6 August 1999. As of 30 June 2006, the Russian Federation had still not ratified Protocol No. 6. The Parliamentary Assembly of the Council of Europe has continuously urged the Russian Federation to abolish the death penalty and to conclude its ratification of 136 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 137 138 139 Article 20 (2) of the Constitution of the Russian Federation, 25 December 1993. Articles 105 (2), 277, 295, 317, and 357 of the Criminal Code, 13 June 1996. Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in connection with accession to the Council of Europe”.

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