The Death Penalty in the OSCE Area
introduction of the death penalty in the country, as opposed to 33 per cent in 2012.
Twenty-three per cent of respondents supported the existing moratorium on the
death penalty in 2013, while only 14 per cent did so in 2012. The support for full
abolition of the death penalty had also grown to 13 per cent in 2013, from ten per
cent in 2012.49
TAJIKISTAN
An official moratorium on death sentences and executions, which was introduced in
the Republic of Tajikistan on 15 July 2004, remains in place. Although not operational
in practice, the death penalty is retained in the Criminal Code of Tajikistan for
aggravated murder, acts of terrorism that result in death, the rape of a minor (under
14 years of age), genocide and biocide.50 The amendments to the Criminal Code
introduced in March 2005 provide for long-term imprisonment and life without
parole as alternative sanctions to capital punishment. During the reporting period,
no steps were taken by the Tajik authorities to increase or decrease the number of
crimes that carry capital punishment or introduce legislation to change the current
status of the death penalty in the country.51 A number of initiatives were undertaken
to raise public awareness on the issue and promote full abolition of the death penalty.
The status of the death penalty in the country featured on the national political
agenda as a subject for further discussion and action. On 3 April 2013, President
Emomali Rahmon approved a National Plan of the Republic of Tajikistan to
implement the 2011 Universal Periodic Review (UPR) Recommendations of the
UN Human Rights Council.52 The National Action Plan provides for the ratification
of the Second Optional Protocol to the ICCPR in 2013-2014. On 26 April 2013,
in his annual address to the parliament and the nation, the President stressed the
importance of defining the state’s ultimate position in relation to the death penalty,
taking into account public opinion and the expertise of relevant bodies. He stated
that the non-application of the death penalty by a state is commonly acknowledged
49 “38% россиян поддержали смертную казнь”, Вечерняя Москва [38% of Russians supported the death penalty”, Vechernyaya Moskva], 1 July 2013, <http://vmdaily.ru/news/2013/07/01/38-rossiyan-podderzhali-smertnuyu-kazn-203056.html>.
50 Article 104(2), Article 138(3), Article 179 (3), Article 398, Article 399 of the Criminal Code of the Republic of
Tajikistan, 21 May 1998, amended on 3 July 2012.
51 Response to the ODIHR questionnaire on the death penalty from the Permanent Mission of the Republic of Tajikistan to the OSCE, received on 18 July 2013.
52 Ibid. Full title “National Plan of the Republic of Tajikistan to Implement the Recommendations of the Member
States of the United Nations Council in connection with the Universal Periodic Review of the Republic of Tajikistan upon
Human Rights in the years 2013-2015”
17
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