Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
Page 21
KAZAKHSTAN
Subsequent amendments to the Criminal Code provide for the suspension of
all executions while the moratorium is in place and set out the status of those
individuals who are subject to the moratorium.52 In the event of the cancellation of
the moratorium, the Criminal Code provides that all death sentences should be
executed within one year. Everyone who had been subject to the moratorium
would have the right to appeal to the Clemency Commission for commutation of
their sentences.53
Method of execution
Shooting54
STATISTICS
Death sentences
Official statistics indicate that two death sentences were passed in the period
from 30 June 2004 to 30 June 2005. Both individuals were sentenced for murder.
These sentences have not entered into force (i.e., not all appeals stages have
been exhausted).
Executions
None
INTERNATIONAL SAFEGUARDS
Pregnant women and children
Women and individuals who were below the age of 18 at the time of the
crime cannot be sentenced to death.
52
53
54
55
Law of the Republic of Kazakhstan No. 514-II “On the introduction of amendments and additions to
legislative acts of the Republic of Kazakhstan on the introduction of life imprisonment”,
31 December 2003; Law of the Republic of Kazakhstan No. 529-II “On the introduction of
amendments and additions to the Criminal Code and Criminal Procedure Code of the Republic
of Kazakhstan in connection with the introduction of a moratorium on the execution of the death
penalty”, 10 March 2004.
Article 49 of the Criminal Code of the Republic of Kazakhstan; Article 166(1) of the Criminal
Procedure Code of the Republic of Kazakhstan.
Article 49 of the Criminal Code; Article 167 of the Criminal Executive Code, 13 December 1997.
The death penalty cannot be executed until one year after all appeals have been exhausted.
Article 49(2), Criminal Code. This article also stipulates that the death penalty cannot be applied to
men who are over the age of 65 at the time the sentence is pronounced.
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