were commuted to life sentences life following the Court’s decision, which was
binding to all courts19. Ten prisoners were on death row at that time.
In September 2000 Albania ratified Protocol No. 6 to the European Convention on
Human Rights concerning the abolition of the death penalty. The Criminal Code was
amended to abrogate those provisions which make specific reference to the death
penalty20.
A three-year moratorium on executions had been introduced in May 1995. Although it
had not been officially extended following its expiry, a de facto moratorium based on
the competence of the Supreme Court and the President to commute death sentences
into life imprisonment had remained in place21. The Constitutional Court’s ruling
came at a time when tendencies aimed at lifting the moratorium enjoyed widespread
public support due to the violent events of late 1997 and a significant rise in the crime
rate. Albanian courts passed six death verdicts in 1998.
4.2. Armenia
Thirteen offences carry a possible death sentence under the present Criminal Code of
Armenia which has been in force, as amended, since 1961. They include treason,
espionage, terrorist acts, sabotage, crimes against the State, banditry, forgery or
circulation of false money or securities, aggravated murder or rape, hijacking, and
bribe taking. The military section of the Criminal Code provides for an additional 16
capital crimes in times of war. The death penalty may not be imposed on persons
below 18 years of age at the time of the crime, on pregnant women, or the insane22.
Although Armenia announced at the October 1998 UN Human Rights Committee
hearings that a new Criminal Code completely abolishing the death penalty would
come into force by 1 January 199923, the draft is still awaiting its final reading in
parliament. In view of the slow parliamentary process, the Presidential Commission
on Human Rights and non-governmental organizations proposed to ratify the Second
Optional Protocol to the ICCPR as a faster way to abolition. According to the
Armenian Constitution, international treaties ratified by the parliament become a
constituent part of the legal system and prevail over other laws.
Following its accession to the Council of Europe, Armenia signed Protocol No. 6 to
the ECHR in January 2001. While death sentences are still handed down regularly by
Armenian courts, there is a de facto moratorium on executions in place, based on the
President’s constitutional authority to exercise pardon.
President Kocharyan has stated that Armenia will not carry out death sentences and
that individuals convicted in connection with the violence in the National Assembly
on 27 October 1999, during which eight persons were killed, would not be executed24.
In 1999 three people were sentenced to death by Armenian courts and six people have
been sentenced to death since January 2000. As of 30 June 2001, 37 persons are on
death row25.
4.3 Azerbaijan
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