The Death Penalty in the OSCE Area–Background Paper 2021 Public opinion had been provided as an argument against abolition in Kazakhstan, resulting in the introduction of a moratorium in 2003 instead of full abolition. Also, a poll conducted in the first half of 2008 suggested that the public felt the death penalty should be imposed in “extreme cases” (66 per cent of responses). Forty-four per cent of those who answered the survey considered the death penalty to be a deterrent to crime. On the other hand, 38 per cent felt it was ineffective and incapable of influencing the spread of crime.80 In 2014, another survey on public attitudes toward the death penalty for terrorist offences resulting in death and for especially grave crimes committed in wartime found that the public had variable opinions on the moratorium. Forty-one per cent supported the moratorium, but also supported retaining the death penalty in the Criminal Code as an exceptional measure, so that if the moratorium were to be cancelled, the death penalty could still be imposed.81 Respondents who indicated support for the death penalty thought that the list of crimes for which the death penalty can be applied should rather be expanded, in particular for terrorist offences resulting in death.82 Following the announcement that Kazakhstan would sign the Second Optional Protocol, some observers noted that public opinion on the death penalty was still divided in Kazakhstan.83 For example, it has been reported that the issue of abolishing the death penalty or keeping it as a possibility in law should be resolved by a national referendum.84 Conversely, human rights defenders and other observers note that due to a general lack of trust in the criminal justice system, there is more public doubt about the death penalty. Once again, reports on opinion polls and public discourse indicate what a divisive and fluctuating issue this is. In Mongolia, too, developments over the last years illustrate the important role of public opinion. Public support for the death penalty contributed to its reinstatement following a massacre in the 1950s.85 The former President’s efforts to abolish the 80 Kazakhstan, National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1, UN Doc. A/HRC/WG.6/7/KAZ/1, 3 November 2009, para 36. 81 Penal Reform International, Social survey: public attitudes in Kazakhstan to the death penalty for terrorist offences, September 2014. 82 Ibid. 83 DW, op. cit., note 41. 84 Azattyk, Отмена смертной казни: Токаев считает, что можно не менять Конституцию, эксперты не согласны (Abolition of the death penalty: Tokaev does not think the Constitution should be changed, experts do not agree), 28 September, 2020. 85 Amarzaya Galsanlkhagva, op. cit., note 27. 25