death_penalty_new.qxd 02-08-27 12:57 Page 37 KAZAKHSTAN In 1999 the Supreme Court stated that whilst the criminal law permits the death penalty, it does not actually require it for premeditated and aggravated crimes. The Court stated that the death penalty should only be pronounced if there are aggravating circumstances and the person poses an exceptional danger to society118. Moratorium: There is no moratorium in place. However, the possibility of introducing a moratorium is under discussion. This follows a statement by the President in his annual address to Parliament on 29 April 2002, stating that it is necessary to study the question of introducing a moratorium with a view to abolishing capital punishment119. Method of execution: Shooting120. Relatives are not informed of the date of execution. The location of the burial place is not disclosed to the relatives until at least two years after the moment of the burial121. STATISTICS Number of death sentences passed: According to official statistics122, 40 persons were sentenced to death in 2000 and 39 persons were sentenced to death in 2001123. Number of executions: According to official statistics, 22 persons were executed in 2000124 and 15 persons were executed in 2001125. 118 119 120 121 122 123 124 125 Resolution #1 of the Supreme Court Plenary of the Republic of Kazakhstan ‘On the Observation of the Rule of Law at the Stage of Imposition of Punishment’, 30 April 1999. Kazakhstan’s President addresses Parliament, Radio for Europe/Radio Liberty, 30 April 2002. Article 167 of the Penitentiary Code of the Republic of Kazakhstan, 13 December 1997. Article 167 of the Penitentiary Code. Official statistics provided by the Ministry of Foreign Affairs. All of these sentences were made on the basis of convictions for aggravated murder under the Article 96(2) of the Criminal Code. According to 'Moratorium and the abolition of the death penalty', Kuanshy Baltabaev, Member of the Constitutional Council, 2002. 11 people were executed during 2000. Amnesty International reports that at least 30 executions were carried out in 2001. See Amnesty International Report 2002, AI POL 10/001/2002, page 143. According to the Almaty Helsinki Committee, the number of executions may have increased due to the recent discussions on a moratorium. 37