death_penalty_new.qxd
02-08-27
12:57
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THE DEATH PENALTY IN THE OSCE AREA
4.
THE USE OF THE DEATH PENALTY
IN THE OSCE REGION
For the purpose of this study, each participating State has been classified as abolitionist, partly abolitionist, de facto abolitionist or retentionist. The four terms have been
defined in the following way.
Abolitionist:
The death penalty has been abolished for all offences committed in peacetime and wartime.
Partly abolitionist:
The death penalty has been abolished for all offences committed in peacetime but
is retained for certain offences committed in wartime.
De facto abolitionist:
The death penalty is retained for certain offences committed in peacetime and
wartime although executions are not carried out.
Retentionist:
The death penalty is retained for certain offences committed in peacetime and
wartime and executions are carried out.
As of 30 June 2002, 43 OSCE participating States are abolitionist. Of the remaining
12 participating States that retain the death penalty in some form, three are partly
abolitionist, four are de facto abolitionist and five are retentionist29. The three participating
States that have partly abolished the death penalty are Albania, Greece and Latvia. The
four participating States that have de facto abolished the death penalty are Armenia,
Kyrgyzstan, the Russian Federation and Turkey. The five participating States that retain
the death penalty are Belarus, Kazakhstan, Tajikistan, the United States of America and
Uzbekistan. In addition, the death penalty is also retained in some form in four internationally unrecognized separatist regions. These are Nagorno-Karabakh (within Azerbaijan),
Abkhazia and South Ossetia (both within Georgia) and Transdniestria (within Moldova).
This Chapter focuses on the use of the death penalty in these 12 participating States
and the four internationally unrecognized separatist regions. In addition, there are also
entries on three participating States that have only recently become abolitionist or retain
the death penalty in anomalous or inactive legal provisions. Each entry consists of four
sections. These are the relevant international instruments, legal framework, statistics and
international standards.
29
Since the reporting period covered by this paper there have been significant changes to the Turkish
law on the death penalty. See entry 4.15 on Turkey.
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