62 The Death Penalty in the OSCE Area 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 prevent 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.130 Pardon or commutation The Constitution gives the president the authority to grant clemency and provides that all individuals sentenced to death have the right to seek clemency.131 The cases of all individuals sentenced to death are automatically considered by the Presidential Clemency Commission regardless of whether the sentenced person has submitted an appeal for clemency.132 Official statistics indicate that, during the period from 30 June 2005 to 30 June 2006, the death sentences of seven individuals were commuted to prison terms. Relatives Relatives are not informed of the execution in advance. The administration of the institution where the execution is carried out is obliged to notify a close relative, although the date of the execution is not disclosed. The body is not returned, and the place of burial is not disclosed.133 130 Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy, Addendum, Mission to Kyrgyzstan, E/CN.4/2006/52/Add.3, 30 December 2005. 131 132 Article 18 (4) and Article 46 of the Constitution. The clemency procedure is governed by the Law “On general principles of amnesty and clemency” and Presidential Decree No. 100 on “Regulations on the procedure for providing pardon in the Kyrgyz Republic”, 13 April 1995. 133 Article 155 (5) of the Criminal Executive Code.