The Death Penalty in the OSCE Area Statistics Death sentences Official statistics were not provided. The government treats information on the number and identity of individuals subject to the moratorium as confidential.64 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.65 Fair-trial guarantees On 30 December 2005, after his visit to Kyrgyzstan, the special rapporteur on the independence of judges and lawyers welcomed reforms related to the administration of the justice sector in Kyrgyzstan, but expressed concerns in a number of areas. In particular, he noted that prosecutors played a dominant, including a supervisory, role in the administration of justice and exerted a disproportionate amount of influence over the pre-trial and trial stages of judicial proceedings. He noted that higher-level prosecutors had the executive power to instigate a supervisory review once a case had been closed. He concluded that the procedures related to the appointment, length of tenure, and dismissal of judges prevented the judiciary from operating in a fully independent manner. He also noted the failure to implement the principle of equality of arms. Widespread corruption among the judiciary was also pointed out.66 Pardon or commutation Official statistics on clemencies granted by the president were not provided. 64  According to the Institute for War and Peace Reporting, there were 174 people on death row as of July 2007. See Institute for War and Peace Reporting, “Kyrgyzstan Abolishes Death Penalty”, http://iwpr. net/?p=bkg&s=b&o=336755&apc_state=henbbkgdate2007. 65  Article 50 (2) of the Criminal Code. 66  Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Addendum, Mission to Kyrgyzstan, U.N. Doc. E/CN.4/2006/52/Add.3, 30 December 2005. 21

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