70 The Death Penalty in the OSCE Area from individuals claiming that their rights under the ICCPR have been violated.167 In cases concerning the death penalty, the UN Human Rights Committee can issue urgent requests to suspend the execution of a death sentence while the case is pending before the Committee. On 18 July 2005, the UN Human Rights Committee recalled that in at least two cases Tajikistan had executed prisoners under sentence of death, even though their cases were pending before the Committee under the Optional Protocol to the ICCPR and requests for interim measures for protection had been addressed to the state party. The Committee concluded that the disregard of the Committee’s requests for interim measures constituted a grave breach of Tajikistan’s obligations under the ICCPR and the Optional Protocol.168 Pardon or commutation The Constitution gives the president authority to grant clemency.169 Death sentences may be commuted to 25 years’ imprisonment.170 The cases of all individuals sentenced to death are automatically considered by the Clemency Commission regardless of whether the person sentenced to death has submitted an appeal for clemency.171 Sentences are not executed until a decision on clemency has been issued. According to official statistics, the president pardoned 23 people who had been sentenced to death in the period from 1999 through 2004.172 Relatives Relatives are not informed in advance of the date of execution. The body is not returned, and the place of execution and the place of burial are not disclosed.173 The Criminal Executive Code provides that the court that passed the death sentence should inform the relatives of the fact that the execution has taken place; however, it does not indicate the time frame after execution within which this information should be made available to the relatives. The UN Human Rights Committee expressed its concern about the fact that, when prisoners under sentence of death were executed, the authorities systematically failed 167 168 169 Tajikistan acceded to the First Optional Protocol to the ICCPR on 4 January 1999. Concluding observations of the Human Rights Committee, Tajikistan, CCPR/CO/84/TJK, 18 July 2005, para. 8. Article 69 (27) of the Constitution. Article 216 of the Criminal Executive Code provides that individuals sentenced to death can apply to the president for clemency. 170 171 172 173 Article 59 of the Criminal Code. The Commission was established by Presidential Decree No. 721, 8 May 1997. Initial Report of Tajikistan submitted under Article 40 of the ICCPR, CCPR/C/TJK/2004/1, 11 April 2005. Article 221 of the Criminal Executive Code. Information of this nature is treated as a state secret. Article 9 (22) of the Law “On the enumeration of information constituting a state secret”, 10 May 2002.