The Death Penalty in the OSCE Area
Relatives
Relatives are not informed in advance of the date of execution. The body is not
returned, and the place of execution and the place of burial are not disclosed.99 The
Criminal Execution Code provides that the court that passed the death sentence
should inform the relatives of the fact that the execution has taken place; however, it
does not indicate the time frame after execution during which this information should
be made available to the relatives.
The UN Human Rights Committee expressed its concern about the fact that,
when prisoners under sentence of death were executed, the authorities systematically
failed to inform the families and relatives of the date of execution or to reveal the
place of burial of the executed person. The Committee concluded that these practices
amounted to a violation of Article 7 of the ICCPR (prohibition against torture or
other ill-treatment) with respect to the family and relatives of the executed individuals.
The Committee also concluded that those practices had the effect of intimidating or
punishing families by intentionally leaving them in a state of uncertainty and mental
stress.100
99 Article 221 of the Criminal Execution Code. Information of this nature is treated as a state secret.
Article 9 (22) of the Law “On the enumeration of information constituting a state secret”, 10 May 2002.
100 Concluding observations of the Human Rights Committee: Tajikistan, U.N. Doc. CCPR/CO/84/
TJK, 18 July 2005, para. 9.
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