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.
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