68 The Death Penalty in the OSCE Area
The moratorium applies to those who were sentenced to death prior to 30 April
2004 and to those convicted of crimes for which the death penalty is envisaged after
30 April 2004. In the former case, death sentences were to be commuted to 25 years’
imprisonment; in the latter case, a sentence of 25 years’ imprisonment was to be
passed as opposed to the death penalty. As indicated above, however, life imprisonment was also introduced on 1 March 2005 as an alternative to the death penalty.
Official statistics on persons currently subjected to the moratorium were not provided.
Method of execution
Shooting159
Statistics160
Official statistics on sentences and executions are not made public.161
Death sentences
None
Executions
None
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.162
Fair-trial guarantees
By the end of the current reporting period, the UN Human Rights Committee had
adopted decisions on six communications from individuals in Tajikistan on issues
relating to the death penalty. The Committee found a number of violations of the
ICCPR, including Article 6 (right to life), Article 7 (prohibition against torture or
other ill-treatment), Article 9 (prohibition against arbitrary detention), Article 10 (1)
(right of persons in detention to be treated with humanity), and Article 14 (right to
a fair trial).163
159
Article 219 (2) of the Criminal Executive Code, 6 August 2001. This article also provides that executions shall not
be carried out in public.
160
161
162
163
No official statistics were provided.
Article 9 (22) of the Law “On the enumeration of information constituting a state secret”, 10 May 2002.
Article 59 (2) of the Criminal Code, and Law No. 45 “On amendments to the Criminal Code”, 1 August 2003.
CCPR/C/79/D/1096/2002, 6 November 2003, para. 7; CCPR/C/81/D/964/2001, 20 August 2004, para. 7;
CCPR/C/81/D/1117/2002, 25 August 2004, para. 7; CCPR/C/83/D/973/2001, 13 April 2005, para. 8; CCPR/C/86/
D/1044/2002, 26 April 2006, para. 9; CCPR/C/85/D985/2001, 16 November 2005, para. 6.7 and 7.
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