There is no provision with regard to the death penalty at state level as criminal
legislation belongs to the competence of the two entities, the Republika Srpska and
the Federation of Bosnia and Herzegovina.
On 21 June 2000, the parliament of the Republika Srpska (RS) adopted a new
criminal code which no longer provides for the death penalty36. Previous to that, there
was no official moratorium in place, but the Supreme Court of the RS had issued a
decision whereby the death penalty was amended to 20 years of imprisonment to be
consistent with the ECHR. Courts did not pass any death sentences during the period
under review.
In the Federation of Bosnia and Herzegovina, the death penalty was abolished in
November 1998 to conform with provisions included in the Framework Agreement
for Peace in Bosnia- Herzegovina signed in December 1995, which ended the civil
war in the country. Even before the abolition, no death sentences were imposed by
Federation courts during the period under review, and no one was on death row after
the Human Rights Chamber ordered commutation of two pending death sentences
into life imprisonment37.
This makes the whole of Bosnia-Herzegovina abolitionist for ordinary crimes only.
4.6 Georgia
Georgia abolished the death penalty in 1997, and ratified Protocol No. 6 to the ECHR
in April 2000. Capital punishment has remained, however, in the statute books of the
two separatist, internationally unrecognized entities of Abkhazia and South Ossetia.
Abkhazia
Under the Criminal Code of the Georgian Soviet Socialist Republic which is still in
force in Abkhazia, the death penalty can be applied to a long list of peacetime and
wartime offences, including economic crimes. A moratorium is in effect, and there is
an ongoing, if very limited, discussion on diminishing the number of crimes carrying
the death penalty.
Fifteen people have been sentenced to death since Abkhazia declared its
independence. No executions were reported as there seems to be a de facto
moratorium in place38.
South Ossetia
In South Ossetia the Criminal Code of the neighbouring Russian Federation is in use.
Thus, courts may pass death sentences for five crimes (aggravated murder, attempt on
the life of a state or public leader, attempt on the life of persons implementing
jurisprudence of preliminary investigation, attempt on the life of an official of a law
enforcement agency, and genocide). There seems to be an unofficial moratorium on
death sentences and executions in place, which apparently has been complied with
during the years South Ossetia has not been under Georgian Government control.
12
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