The Death Penalty in the OSCE Area
premeditated murder (Article 164 of the new Criminal Code). It is expected that the
new Code will be reviewed by the Parliament by the end of 2013.26 The roundtable
on “The Death Penalty and Life Imprisonment as Forms of Punishment in the New
Criminal Code”, held in Astana on 19 February 2013, offered a platform for various
actors to discuss the scope of offences for which the death penalty is applicable in the
new Criminal Code.27
MONGOLIA
A moratorium on executions, announced by President Tsakhiagiin Elbegdorj in
January 2010, is in place.28 Mongolia has been a party to the Second Optional
Protocol to the ICCPR since March 2012.29
Although abolished in practice, the death penalty is retained in the national law
of Mongolia. Along with a fine, forced labor, incarceration and imprisonment, it is
considered one of the possible punishments for criminal offences.30 The constitution
provides for the imposition of capital punishment by due judgment of the court for
the most serious crimes, as specified by Mongolian penal law.31 The Criminal Code
currently provides for the application of the death penalty for assassination of a
state or public figure, aggravated murder, rape, sabotage, terrorism, acts of banditry
against state or public institutions or individuals, and genocide.32 Persons who
have been sentenced to death are entitled to request a pardon from the President of
Mongolia. If pardon is granted, the death penalty is substituted by an imprisonment
term of 30 years.33 Information related to the execution of capital punishment is
26 “Submission by Foundation for Human Rights Initiative and Penal Reform International to the UN Secretary
General’s 2013 Report to the Human Rights Council on the Death Penalty”, Penal Reform International, 27 March 2013,
<http://www.penalreform.org/wp-content/uploads/2013/05/PRI-FHRI-submission-to-UN-SecGen-on-Death-Penalty27March2013.pdf>.
27 According to the response of Kazakhstan to the ODIHR questionnaire on the death penalty, the roundtable was
organized by Penal Reform International, in co-operation with the Committee on Legislative and Judicial Reform of the
lower house of the Parliament of Kazakhstan (Mazhilis) and the NGO “Charter for Human Rights”. Representatives from
the judicial, executive and legislative branches, as well as journalists, diplomats and civil society representatives participated
at the roundtable.
28 “Mongolia leader calls for end to death penalty”, BBC News, 14 January 2010, <http://news.bbc.co.uk/2/hi/asia-pacific/8458717.stm>.
29 Depositary Notification to the UN by Mongolia, 15 March 2012, <http://treaties.un.org/doc/Publication/
CN/2012/CN.148.2012-Eng.pdf>.
30
Article 46 of the Criminal Code of Mongolia, 1 September 2002.
31
Article 16 (1) of the Constitution of Mongolia, 13 January 1992.
32 Article 81 (2), Article 91 (2), Article 126 (2.3), Article 84 (1), Article 178 (1.2), Article 177 (2), Article 302 (1) of
the Criminal Code of Mongolia, 1 September 2002.
33
Article 53 (3) of the Criminal Code of Mongolia, 1 September 2002.
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents