The Death Penalty in the OSCE Area
to that effect on 15 July 2004. The moratorium, which was applicable from the day of
its announcement, is not limited to a specific time frame.
The moratorium applies to those who were sentenced to death prior to 30 April
2004 and to those convicted of crimes for which the death penalty is envisaged after
30 April 2004. In the former case, death sentences were to be commuted to 25 years’
imprisonment; in the latter case, a sentence of 25 years’ imprisonment was to be passed
as opposed to the death penalty. As indicated above, however, life imprisonment was
also introduced on 1 March 2005 as an alternative to the death penalty.
Official statistics on people currently subjected to the moratorium were not
provided.90
Method of execution
Shooting91
Statistics
Death sentences
None
Executions
None
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.92
Fair-trial guarantees
In its concluding observations on the initial report submitted by Tajikistan, the
UN Human Rights Committee expressed its concern about a number of relevant
areas, including the widespread use of ill-treatment and torture by investigative and
other officials to obtain information; testimony or self-incriminating evidence from
90 Statistics on death sentences and executions are classified. See Article 9 (22) of the Law “On the
enumeration of information constituting a state secret”, 10 May 2002.
91 Article 219 (2) of the Criminal Execution Code, 6 August 2001. This article also provides that
executions shall not be carried out in public.
92 Article 59 (2) of the Criminal Code, and Law No. 45 “On amendments to the Criminal Code”, 1
August 2003.
28
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