The Death Penalty in the OSCE Area 67 4.7 TAJIKISTAN Relevant International Instruments 153 Ratification Status153 International Instruments ICCPR R Second Optional Protocol to the ICCPR - CRC R Status: de facto abolitionist Legal Framework The Constitution provides that: “Everyone has the right to life. No one shall be deprived of life except by order of the court for exceptionally grave crimes.”154 In August 2003, the president signed legislation abolishing the death penalty for 10 crimes.155 The death penalty was retained for five crimes: murder with aggravating circumstances, rape with aggravating circumstances, terrorism, biocide, and genocide.156 On 30 November 2004, the lower chamber of parliament adopted amendments to the Criminal Code that provide for life imprisonment for these five crimes.157 These amendments were endorsed by the upper chamber of parliament on 11 February 2005 and signed by the president on 1 March 2005. The Criminal Executive Code has also been amended.158 The amendments introduce life imprisonment as an alternative to the death penalty for men between 18 and 63 years of age. Moratorium On 30 April 2004, the president of Tajikistan announced the introduction of a moratorium on executions and signed a subsequent law to that effect on 15 July 2004. The moratorium, which was applicable from the day of its announcement, is not limited to a specific time frame but has been put in place indefinitely. 153 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 154 155 156 Article 18 of the Constitution of the Republic of Tajikistan, 6 November 1994. Law No. 45 “On amendments to the Criminal Code”, 1 August 2003. Articles 104 (2), 138 (3), 179 (4), 399, and 398 of the Criminal Code, 21 May 1998, with amendments of 1 August 2003. 157 158 Law “On the introduction of amendments to the Criminal Code”, 30 November 2004. Law No. 86 “On amendments to the Criminal Code” and Law No. 87 “On amendments to the Criminal Executive Code”, 1 March 2005.