The Death Penalty in the OSCE Area moving away from the death penalty for a number of years,60 the recent Criminal Code reform runs counter to the abolitionist trend.61 In its recent report “Counterterrorism in Kazakhstan: Why the death penalty is no solution”, Penal Reform International (PRI) found that since the introduction of a moratorium on executions, there has been no rise in the number of violent crimes in Kazakhstan, which suggests that the death penalty is not more effective in deterring crime than other sentences.62 Based on this and other relevant findings, PRI recommended Kazakhstan to expedite its efforts in abolishing capital punishment.63 On 10  October 2013 in Geneva, members of the parliament of Kazakhstan participated in a roundtable discussion entitled “Parliamentarians, a crucial force in promoting the abolition of the death penalty”.64 The parliamentarians informed participants of the ongoing discussions in Kazakhstan on the issue of the death penalty and reiterated the country’s dedication to moving towards abolition. MONGOLIA** In Mongolia, a moratorium on the death penalty, declared in January 2010 by President Tsakhiagiin Elbegdorj, remains in place.65 Death sentences issued prior to the introduction of the moratorium have been commuted to 30 years of imprisonment.66 Although not applied in practice, the death penalty is retained in the national law of Mongolia. Article 16 (1) of the Constitution provides for the imposition of 60  “Counter-terrorism in Kazakhstan: Why the death penalty is no solution”, Penal Reform International, 2013, <http://www.penalreform.org/wp-content/uploads/2013/10/New-Counter-terrorism-in-Kazakhstan-final.pdf>. According to Penal Reform International, the last execution in Kazakhstan took place in May 2003 and the last death sentence was passed in 2003. In December 2007, 31 prisoners sentenced to death had their sentences commuted to life imprisonment by presidential decree. Currently, there are no death row inmates in Kazakhstan. 61  “Kazakhstan Penal Reform runs counter to abolitionist trend”, World Coalition against the Death Penalty, 22 July 2014, <http://www.worldcoalition.org/kazakhstan-capital-crimes-penal-code-reform-death-penalty.html>. 62  “Counter-terrorism in Kazakhstan: Why the death penalty is no solution”, op. cit., note 60. 63  Ibid. 64  “Celebrating the World Day against the Death Penalty, 10 October: Parliamentarians, a critical force in promoting the abolition of the death penalty”, International Commission against Death Penalty, 15 October 2013, <http://www. icomdp.org/2013/10/celebrating-world-day-against-the-death-penalty-10-october-parliamentarians-a-critical-forcein-promoting-the-abolition-of-the-death-penalty/>. ** The Permanent Mission of Mongolia to the OSCE did not provide a response to the 2014 ODIHR questionnaire on the death penalty. 65  “Mongolia leader calls for end to death penalty”, BBC, 14 January 2010, <http://news.bbc.co.uk/2/hi/asiapacific/8458717.stm>. 66  “Mongolia moratorium on executions”, Al Jazeera, 14 January 2010, <http://www.aljazeera.com/news/asia-pacif ic/2010/01/20101146493538358.html>. According to Article 53 (3) of the Criminal Code, in case of pardon, the death penalty should be commuted to imprisonment for a term of 30 years. 20

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