The Death Penalty in the OSCE Area 59
who are subject to the moratorium.115 In the event of the cancellation of the moratorium, the Criminal Code provides that all death sentences should be executed within
one year. Everyone subject to the moratorium would have the right to appeal to the
Clemency Commission for commutation of their sentences.116
Method of execution
Shooting117
Statistics
Executions
None
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.118
Pardon or commutation
All individuals sentenced to death have the right to appeal for commutation of the
sentence to life imprisonment or 25 years’ imprisonment.119 Appeals are initially considered by the Clemency Commission. The cases of all individuals sentenced to death
are considered regardless of whether the convicted individual submits an appeal for
clemency.120
Relatives
Relatives are not informed in advance of the date of execution, the body is not returned, and the location of the place of burial is not disclosed to the relatives until at
least two years after the burial has taken place.121
115
Law of the Republic of Kazakhstan No. 514-II “On the introduction of amendments and additions to legislative acts
of the Republic of Kazakhstan on the introduction of life imprisonment”, 31 December 2003; Law of the Republic of
Kazakhstan No. 529-II “On the introduction of amendments and additions to the Criminal Code and Criminal Procedure Code of the Republic of Kazakhstan in connection with the introduction of a moratorium on the execution of death
penalty”, 10 March 2004.
116
Article 49 of the Criminal Code of the Republic of Kazakhstan; Article 166 (1) of the Criminal Procedure Code of
the Republic of Kazakhstan.
117
Article 49 of the Criminal Code; Article 167 of the Criminal Executive Code, 13 December 1997. The death penalty
cannot be executed until one year after all appeals have been exhausted.
118
Article 49 (2) of the Criminal Code. This article also stipulates that the death penalty cannot be applied to men who
are over the age of 65 at the time the sentence is pronounced.
119
Article 49 (3) of the Criminal Code, Article 31 (2) of the Criminal Procedure Code, and Article 166 (1) of the
Criminal Executive Code.
120
Presidential Decree No. 2975 “On provisions for pardoning procedure by the president of the Republic of Kazakhstan”, 7 May 1996.
121
Article 167, Criminal Executive Code.
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