The Death Penalty in the OSCE Area De Facto Abolitionist States KAZAKHSTAN* In Kazakhstan, an indefinite moratorium on executions, issued by presidential decree in 2003, remains in place.56 Under the Constitution of the Republic of Kazakhstan, the application of capital punishment is allowed for two types of crimes: acts of terrorism resulting in death, and grave crimes committed in wartime.57 In addition, the Criminal Code provides for the application of the death penalty for a number of other crimes. During the reporting period, Kazakhstan introduced amendments to its Criminal Code regulating the scope of application of the death penalty. On 11 June 2014, after the approval of the new Criminal Code by the Parliament of Kazakhstan, the number of crimes punishable by the death penalty increased from 18 to 19. Three additional articles authorizing the application of capital punishment were added (Article 164 on the application of prohibited means and methods of conducting a war; Article 165 on the violation of laws or customs of war; and Article 253 on international terrorism). The death penalty was removed as a possible punishment for two crimes, namely the abuse of authority and the excess of official power by public officials in wartime (Article 380 in the old Criminal Code, now Articles 448 and 449 in the new Criminal Code).58 The Concept of Legal Policy of the Republic of Kazakhstan for 2010-2020 outlines a gradual decrease of the scope of application of the death penalty as one of the objectives of the state’s criminal policy.59 According to civil society organizations promoting the abolition of capital punishment, although Kazakhstan has been * Permanent Delegation of the Republic of Kazakhstan to the OSCE did not provide a response to the 2014 ODIHR questionnaire on the death penalty. 56  Kazakhstan Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the Republic of Kazakhstan”, 17 December 2003. 57  Article 15 (2) of the Constitution of the Republic of Kazakhstan, amended on 21 May 2007. 58  The Criminal Code of the Republic of Kazakhstan, amended on 11 June 2014, provides for the application of the death penalty for the following crimes: planning, preparation, starting, or waging a war; the application of prohibited means and methods of conducting a war; the violation of laws and customs of war; genocide; employing mercenaries in armed conflict; high treason; an attempt on the life of the First President of the Republic of Kazakhstan (the leader of the nation); an attempt on the life of the President of the Republic of Kazakhstan; subversion; terrorism; international terrorism; the promotion of terrorism or public appeals for the commission of an act of terrorism; disobedience or other non-execution of an order (military); resistance to a superior or coercion of him to violate service duties; violent actions with regard to a superior; desertion; evasion of military service by way of self-mutilation or other method; violation of the rules for being on active duty; and the surrendering or leaving to the enemy of material for waging war. 59  “Kazakhstan: The Concept of Legal Policy for 2010-2020”, endorsed by the Presidential Decree No. 858 of 24 August 2009. 19