Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 28 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. 28