death_penalty_new.qxd 02-08-27 12:57 Page 40 THE DEATH PENALTY IN THE OSCE AREA Moratorium: There is an official moratorium on executions in place. A two-year moratorium was introduced by a Presidential Decree that entered into force on 8 December 1998. This has been further extended by two subsequent Presidential Decrees of 2 December 2000 and 11 January 2002. The current moratorium will be in place until the end of 2002. Method of execution: Shooting139. The body is not returned to relatives for burial and the place of burial is not disclosed140. STATISTICS Number of death sentences passed: According to unofficial statistics, 39 persons were sentenced to death in 2000 and 55 persons were sentenced to death in 2001. As of 30 June 2002, 14 persons have been sentenced to death. Number of executions: None. INTERNATIONAL STANDARDS Juvenile Offenders: Persons who were below the age of 18 at the time when the crime was committed cannot be sentenced to death141. Pregnant women: Women cannot be sentenced to death142. Clemency/Pardon: The Constitution of the Kyrgyz Republic gives the President authority to grant clemency143. The Presidential Clemency Commission considers all cases where the convicted person has been sentenced to death. This is an automatic procedure that is not dependent on the convicted person making an appeal for clemency/pardon144. 139 140 141 142 143 144 Article 155(2) of the Criminal Executive Code of the Kyrgyz Republic, 13 December 1999. Article 155 of the Criminal Executive Code. Article 50(2) of the Criminal Code. Article 50(2) of the Criminal Code. Article 46 of the Constitution. The Clemency Commission and procedure is governed by a Presidential Decree of 13 April 1995. 40