The Death Penalty in the OSCE Area–Background Paper 2021
in death penalty cases is more closely correlated with a reduction in death sentences than other factors.24 Quality capital defenders can demonstrate the complex
backgrounds of those being charged and any underlying mental health issues, for
example.25 Overall, a long-term reduction in death sentences and executions and
the gradual, positive influence this has on abolition appears to be a common theme
across different countries.
Strong political leadership was also highly influential in the abolition process in
Mongolia. On 14 January 2010, the President announced in Parliament, which at the
time held a majority of the opposition party,26 that he would automatically pardon all
those sentenced to death and commute their death sentences to 30 years imprisonment. This constituted the first step towards abolition in many years.27 The President
expressed his support for abolition of the death penalty repeatedly, arguing for the
full respect for the right to life. He noted that the threat of executions did not have a
deterrent effect on crime and that the risk of any miscarriage of justice is inherent
in any justice system.28 On 3 December 2015, a new Criminal Code was adopted that
abolished the death penalty for all crimes in Mongolia.29 The parliamentary majority
of a party whose platform sought to abolish the death penalty has been cited as one
of the reasons that Mongolia abolished the death penalty in law.30
The research conducted for this paper indicates that abolition comes about, not only
due to the conviction of a certain political leader but in the context of broader criminal justice reforms by the government – which help to restrict the use and scope of
the death penalty. Such reforms can be prompted by various factors: an understanding of the flaws in criminal justice systems that apply the death penalty; international
pressure; and advocacy efforts of different national actors, highlighting the multitudinous problems associated with the application of the death penalty.
24 Death Penalty Information Center, How Capital Defenders Helped End Virginia’s Death Penalty, 30 March
2021.
25 Ibid.
26 Aljazeera, Mongolia moratorium on executions, 14 January 2010.
27 Amarzaya Galsanlkhagva, The long road to death penalty abolition in Mongolia, Amnesty International
UK, 4 December 2015.
28 Embassy of Mongolia, Mongolia to Abolish Death Penalty, 9 December 2015.
29 World Coalition Against the Death Penalty, ADPAN welcomes Mongolia’s decision abolish death penalty
in law, 18 December 2015.
30 Written comments from Amarzaya Galsanlkhagva and Altantuya Batdorj, Amnesty International Mongolia,
14 June 2021.
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