64 The Death Penalty in the OSCE Area
4.6
THE RUSSIAN FEDERATION
136
Relevant International Instruments
Ratification Status136
International Instruments
ICCPR
R
Second Optional Protocol to the ICCPR
-
CRC
R
ECHR
R
Protocol No. 6 to the ECHR
S
Protocol No. 13 to the ECHR
-
Status: de facto abolitionist
Legal Framework
The Constitution of the Russian Federation provides for the death penalty, until its
abolition, as an exceptional punishment for especially grave crimes against life.137 The
Criminal Code of the Russian Federation envisages the death penalty for five crimes:
murder with aggravating circumstances, assassination attempt against a state or public
figure, attempt on the life of a person administering justice or preliminary investigations, attempt on the life of a law-enforcement officer, and genocide.138
Upon accession to the Council of Europe on 28 February 1996, the Russian Federation committed itself to introducing a moratorium on executions and to ratifying
Protocol No. 6 to the ECHR within three years. A presidential decree was issued
on 16 May 1996 that requested the government to draft legislation on ratification
of Protocol No. 6.139 A draft law was submitted to the parliament (the State Duma)
on 6 August 1999. As of 30 June 2006, the Russian Federation had still not ratified
Protocol No. 6.
The Parliamentary Assembly of the Council of Europe has continuously urged the
Russian Federation to abolish the death penalty and to conclude its ratification of
136
R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant
instrument.
137
138
139
Article 20 (2) of the Constitution of the Russian Federation, 25 December 1993.
Articles 105 (2), 277, 295, 317, and 357 of the Criminal Code, 13 June 1996.
Presidential Decree No. 724 “On the gradual decrease of the application of the death penalty in connection with
accession to the Council of Europe”.
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