The Death Penalty in the OSCE Area–Background Paper 2021 3. De-facto abolitionist participating States The Russian Federation and Tajikistan remain the only two de-facto abolitionist states in the OSCE region. Both, the Russian Federation and Tajikistan continued to observe the official moratoria they established in 1996 and 2004, respectively, although they both retain the death sentence for crimes committed in peacetime. Within the reporting period, neither the Russian Federation nor Tajikistan ratified the Second Optional Protocol to the ICCPR, regarding abolition of the death penalty, nor has the Russian Federation, as a member State of the Council of Europe, ratified Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances. The Russian Federation introduced a moratorium on the death penalty in 1996, although executions were still carried out until 1999 in the Chechen Republic.287 The moratorium was upheld by the Constitutional Court twice, in 1999 and 2009.288 The Criminal Code provides for the death penalty as an exceptional measure for five types of offences: aggravated murder, assassination attempts against a state or public figure, attempts on the life of a person administering justice or preliminary investigations, attempts on the life of a law enforcement official and genocide. The Criminal Code further specifies that the death penalty is not imposed on women, or on offenders under the age of 18 or over 65 at the time of sentencing.289 The Criminal Procedure Code also contains provisions on the death penalty.290 The Russian Federation made several statements to the OSCE Permanent Council on the subject of the death penalty during the reporting period. On the occasion of the World Day Against the Death Penalty, 10 October 2020, a statement noted the moratorium applied since 1996 and highlighted that a, “constitutional and legal framework” had emerged, under which there was an irreversible process aimed at abolishing the death penalty, taking into account Russia’s international commitments. Moreover, it stated that the Federal Assembly of the Russian Federation is considering the legislative abolition of the death penalty and accession to the Second Optional Protocol to the ICCPR.291 287 Amnesty International Global Report, 2020, op. cit., note 152, p. 58. 288 “Russian court extends moratorium on death penalty”, Reuters, 19 November 2009. See also, “Russia to decide on death penalty moratorium”, BBC News, 10 November 2009. 289 Art. 59, para. 2 of the Criminal Code of the Russian Federation. 290 Art. 31, 51, 301, 310 of the Criminal Procedure Code of the Russian Federation. 291 Statement by Mr. Alexander Lukashevich, Permanent Representative of The Russian Federation, at the 1284th Meeting of the OSCE Permanent Council, OSCE Permanent Council, 8 October 2020. 65