The Death Penalty in the OSCE Area 2. Partly Abolitionist States Latvia’s amendments to its criminal code and ratification of Protocol 13 to the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms mean that no OSCE participating State currently retains the death penalty solely for crimes committed in wartime. 3. De Facto Abolitionist States KAZAKHSTAN An indefinite moratorium on executions, declared in December 2003, remains in place.9 The Constitution was amended in 2007, abolishing the death penalty for all but two types of crimes, as an exceptional punishment: acts of terrorism resulting in death and grave crimes committed in wartime. All those sentenced have the right to appeal for pardon.10 The last execution took place in 2003, prior to the announcement of the moratorium. Upon the establishment of the moratorium, all death row inmates had their sentences commuted to life imprisonment without parole. Life imprisonment was subsequently established as an alternative sanction to the death penalty, with a maximum term of 25 years, and 30 years for cumulative offenses. The 2009 to 2012 National Human Rights Action Plan of Kazakhstan, which was approved by the President, recommended ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).11 One of the stipulated goals of this plan is to abolish the death penalty. According to the response to ODIHR’s questionnaire received from Kazakhstan, the threat of extremism and terrorism is precluding the government from abolishing the death penalty in all circumstances. Abolition is still seen as a premature course of action within Kazakhstan.12 Public support for the death penalty also poses an obstacle to abolition.13 9  Kazakhstan Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the Republic of Kazakhstan”, 19 December 2003. 10  Constitution of the Republic of Kazakhstan, Clause 2, Article 15, as amended on 21 May 2007. 11  National Report to the Working Group on the Universal Periodic Review, A/HRC/WG.6/7/KAZ/1, 3 November 2009, para 166, <http://lib.ohchr.org/HRBodies/UPR/Documents/Session7/KZ/A_HRC_WG.6_7_KAZ_1_E.pdf>. 12  Response to the ODIHR questionnaire on the death penalty from the Permanent Delegation of Republic of Kazakhstan to the OSCE, received on 27 August 2012., 13  “Death penalty moratorium has not led to surge in crime, CC”, www.interfax.kz, 26 April 2011, <http://www. interfax.kz/?lang=eng&int_id=in_focus&news_id=567>. 4