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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