3.2
Kazakhstan
Relevant International Instruments
International Instruments
Ratification Status
ICCPR
Ratified
Second Optional Protocol to the ICCPR
Not signed
Status: de facto abolitionist
Legal Framework
An amendment of 21 May 2007 to the Constitution of the Republic of Kazakhstan
abolished the death penalty in all cases save for acts of terrorism entailing loss of
life and for especially grave crimes committed in wartime. The Criminal Code needs
to be amended in accordance with this constitutional amendment, as it provides
that the following 10 offences carry the death penalty:49 murder with aggravating
circumstances; terrorism; attempt on the life of a person administering justice or
preliminary investigations; attempt on the life of the president; state treason; sabotage;
planning, preparation, or conduct of aggressive war; use of prohibited means and
methods of conducting war; genocide; and mercenary participation in armed conflict.
The death penalty is also envisaged for eight military crimes committed in time of
war.50 The Criminal Code provides for alternatives to the death penalty.
Moratorium
In December 2003, a presidential decree placed a moratorium on executions until the
full abolition of the death penalty.51 Subsequent amendments to the Criminal Code
49 Article 15 of the Constitution of the Republic of Kazakhstan, 30 August 1995. Also see Article 49
(1) of the Criminal Code, 1 January 1998.
50 Articles 96 (2), 156 (2), 159 (2), 160, 162 (4), 165, 167, 171, 233, 340, 367 (2), 368 (3), 369 (3),
373 (3), 374 (3), 375 (3), 380 (3), 383 of the Criminal Code.
51 Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the
Republic of Kazakhstan”, 17 December 2003.
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