The Death Penalty in the OSCE Area De Facto Abolitionist States KAZAKHSTAN In Kazakhstan, an indefinite moratorium on executions, issued by presidential decree in December 2003, remains in place.21 The death penalty is retained in the Constitution as an exceptional punishment for two types of crimes: acts of terrorism resulting in death and grave crimes committed in time of war. The Constitution grants the right to appeal for pardon to all persons sentenced to death.22 The Criminal Code of the Republic of Kazakhstan specifies 18 offences that fall into the two categories for which the Constitution allows the death penalty.23 During the reporting period, no amendments were introduced in national legislation regulating the application of the death penalty or the status of the moratorium on executions. The authorities of Kazakhstan did not undertake any steps towards the full abolition of capital punishment during this time.24 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.25 At the time of writing, a draft text of a new Criminal Code of Kazakhstan was being developed by the General Prosecutor’s Office. According to information provided by the Permanent Delegation of the Republic of Kazakhstan to the OSCE, the Office of the General Prosecutor has proposed to remove the death penalty provision for military crimes specified under Article 380 of the Criminal Code (abuse of power, exceeding competence, or inaction), but introduce it for violating laws and customs of war coupled with 21  Kazakhstan Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the Republic of Kazakhstan”, 17 December 2003. 22  Article 15 (2) of the Constitution of the Republic of Kazakhstan, as amended on 21 May 2007. 23  The Criminal Code of the Republic of Kazakhstan provides for application of the death penalty for the following crimes: Planning, preparation, starting, or waging a war (Article 156); Application of prohibited means and methods of conducting a war (Article 159), Genocide (Article 160); Employment of mercenaries (Article 162(4)), High treason (Article 165); Attempt upon the life of the First President of the Republic of Kazakhstan (leader of the nation) (Article 166(1)); Attempt upon the life of the President of the Republic of Kazakhstan (Article 167); Subversion (Article 171); Terrorism (Article 233); Promotion of terrorism or public appeals for commission of an act of terrorism (Article 233(1)); Disobedience or other non-execution of an order (military) (Article 367); Resistance to a superior or coercion of him to violate service duties (Article 368); Violent actions with regard to a superior (Article 369)); Desertion (Article 373); Evasion of military service by way of self-mutilation or other method (Article 374); Violation of the rules for being on active duty (Article 375); Abuse of power, exceeding competence or inaction (Article 380); The surrendering or leaving to the enemy of material for waging war (Article 383). 24  Response to the ODIHR questionnaire on the death penalty from the Permanent Delegation of the Republic of Kazakhstan to the OSCE, received on 24 July 2013. 25  “Kazakhstan: The Concept of Legal Policy for 2010-2020”, Official Website of the General Prosecutor’s Office of the Republic of Kazakhstan, <http://prokuror.gov.kz/eng/prosecutors/standard-legal-acts/legal-policy-concept-2010-2020>. 13