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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