Death_Penalty_2005_nowy.qxd
2005-09-08
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THE DEATH PENALTY IN THE OSCE AREA
ratification of Protocol No. 6.78 A draft law was submitted to the parliament (the
State Duma) on 6 August 1999. As of 30 June 2005, the Russian Federation had
still not ratified Protocol No. 6.
The Parliamentary Assembly of the Council of Europe has urged the Russian
Federation to abolish the death penalty and to conclude its ratification of Protocol
No. 6 to the ECHR.79 The Commissioner for Human Rights of the Council of
Europe, Alvaro Gil-Robles, has called on the Russian Federation to ratify Protocol
No. 6 to the ECHR as soon as possible.80
Moratorium
A presidential decree instituted a moratorium on executions in 1996.81
Furthermore, a ruling of the Constitutional Court placed a temporary prohibition on
the passage of death sentences on 2 February 1999.82
The Russian Constitution guarantees the right to trial by jury in cases where
the death penalty is a potential sentence. Accordingly, the Constitutional Court
adopted a resolution prohibiting the passage of death sentences until such time as
jury trials are introduced throughout the Russian Federation. At the time of the
decision, jury trials were available in only nine of the 89 constituent entities of the
Federation. It is envisaged that jury trials will have been introduced throughout the
Russian Federation by 1 January 2007. The introduction of jury trials will remove
the bar that the Constitutional Court has placed upon the passage of death
sentences.
On 3 June 1999, a presidential decree commuted the sentences of all
individuals on death row to either life or 25 years’ imprisonment.
Method of execution
Shooting83
78
79
80
81
82
83
Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in
connection with accession to the Council of Europe”.
Resolution 1277, 23 April 2002.
Report by Alvaro Gil-Robles on his visits to the Russian Federation on 15-30 July 2004 and
19-29 September 2004, 20 April 2005.
Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in
connection with accession to the Council of Europe”, 16 May 1996.
Article 20(2) of the Constitution.
Article 186, Criminal Executive Code, 8 January 1997.
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