THE DEATH PENALTY IN THE OSCE AREA issued on 16 May 1996 that requested the government to elaborate a draft law on the ratification of Protocol No. 6.87 As of 30 June 2004, the Russian Federation had still not ratified Protocol No. 6. The Parliamentary Assembly of the Council of Europe has urged the Russian Federation to abolish the death penalty and to conclude the ratification of Protocol No. 6 to the ECHR.88 Moratorium A presidential decree instituted a moratorium on executions in 1996.89 Furthermore, a ruling of the Constitutional Court placed a temporary prohibition on the passage of death sentences on 2 February 1999. The Russian Constitution guarantees the right to trial by jury in cases where the death penalty is a potential sentence.90 Accordingly, the Constitutional Court adopted a resolution prohibiting the passage of death sentences until such time as jury trials are introduced throughout the Russian Federation. At the time of the decision, jury trials were available in only nine of the 89 constituent entities of the Federation. It is envisaged that jury trials will have been introduced throughout the Russian Federation by 1 January 2007. The introduction of jury trials will remove the bar that the Constitutional Court has placed upon the passage of death sentences. On 3 June 1999, a presidential decree commuted the sentences of all persons on death row to either life or 25 years' imprisonment. Method of execution Shooting91 STATISTICS Death sentences None 87 88 89 90 91 Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in connection with accession to the Council of Europe”. Resolution 1277, 23 April 2002. Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in connection with accession to the Council of Europe”, 16 May 1996. Article 20(2) of the Constitution. Article 186, Criminal Executive Code, 8 January 1997. 30

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