death_penalty_new.qxd 02-08-27 12:57 Page 32 THE DEATH PENALTY IN THE OSCE AREA ABKHAZIA93 LEGAL FRAMEWORK Status: De facto abolitionist Scope: The death penalty is legal punishment for crimes in peacetime and in wartime. The de facto Criminal Code in force in Abkhazia is the Criminal Code of the former Soviet Socialist Republic of Georgia of 1961 with a number of changes and amendments. It provides that the death penalty is admitted as an exceptional measure of punishment until it is repealed in full. It envisages the death penalty for nine peacetime crimes. These are betrayal of motherland, espionage, act of terrorism, act of terrorism against a representative of a foreign state, subversive activity, banditry and actions to disorganize the functioning of penitentiary institutions, intentional homicide committed under aggravating circumstances and rape94. The death penalty is also envisaged for at least 15 military crimes committed in wartime, imminent threat of war or during operations95. Moratorium: A moratorium on executions is in place. The de facto Abkhaz authorities declared a moratorium in 1993. Method of execution: Shooting96. STATISTICS Number of death sentences passed: According to unofficial statistics97, 18 people have been sentenced to death since 1993 when Abkhazia declared its independence. The number of death sentences passed in recent years has decreased. It is reported that an average of one death sentence is passed each year. There are currently 13 persons on death row. 93 94 95 96 97 This entry was written with the assistance of the United Nations Human Rights Office in Abkhazia, Georgia. Articles 65, 66, 67, 68, 69, 78, 78-I, 104 and 117 of the de facto Criminal Code. Articles 256, 258, 260, 265, 267, 268-I, 273, 275, 278, 279, 280, 281, 282, 284 and 285 of the de facto Criminal Code. Article 24 of the de facto Criminal Code. Information provided by the United Nations Human Rights Office in Abkhazia, Georgia. 32