The Death Penalty in the OSCE Area premeditated murder (Article 164 of the new Criminal Code). It is expected that the new Code will be reviewed by the Parliament by the end of 2013.26 The roundtable on “The Death Penalty and Life Imprisonment as Forms of Punishment in the New Criminal Code”, held in Astana on 19 February 2013, offered a platform for various actors to discuss the scope of offences for which the death penalty is applicable in the new Criminal Code.27 MONGOLIA A moratorium on executions, announced by President Tsakhiagiin Elbegdorj in January 2010, is in place.28 Mongolia has been a party to the Second Optional Protocol to the ICCPR since March 2012.29 Although abolished in practice, the death penalty is retained in the national law of Mongolia. Along with a fine, forced labor, incarceration and imprisonment, it is considered one of the possible punishments for criminal offences.30 The constitution provides for the imposition of capital punishment by due judgment of the court for the most serious crimes, as specified by Mongolian penal law.31 The Criminal Code currently provides for the application of the death penalty for assassination of a state or public figure, aggravated murder, rape, sabotage, terrorism, acts of banditry against state or public institutions or individuals, and genocide.32 Persons who have been sentenced to death are entitled to request a pardon from the President of Mongolia. If pardon is granted, the death penalty is substituted by an imprisonment term of 30 years.33 Information related to the execution of capital punishment is 26  “Submission by Foundation for Human Rights Initiative and Penal Reform International to the UN Secretary General’s 2013 Report to the Human Rights Council on the Death Penalty”, Penal Reform International, 27 March 2013, <http://www.penalreform.org/wp-content/uploads/2013/05/PRI-FHRI-submission-to-UN-SecGen-on-Death-Penalty27March2013.pdf>. 27  According to the response of Kazakhstan to the ODIHR questionnaire on the death penalty, the roundtable was organized by Penal Reform International, in co-operation with the Committee on Legislative and Judicial Reform of the lower house of the Parliament of Kazakhstan (Mazhilis) and the NGO “Charter for Human Rights”. Representatives from the judicial, executive and legislative branches, as well as journalists, diplomats and civil society representatives participated at the roundtable. 28  “Mongolia leader calls for end to death penalty”, BBC News, 14 January 2010, <http://news.bbc.co.uk/2/hi/asia-pacific/8458717.stm>. 29  Depositary Notification to the UN by Mongolia, 15 March 2012, <http://treaties.un.org/doc/Publication/ CN/2012/CN.148.2012-Eng.pdf>. 30  Article 46 of the Criminal Code of Mongolia, 1 September 2002. 31  Article 16 (1) of the Constitution of Mongolia, 13 January 1992. 32  Article 81 (2), Article 91 (2), Article 126 (2.3), Article 84 (1), Article 178 (1.2), Article 177 (2), Article 302 (1) of the Criminal Code of Mongolia, 1 September 2002. 33  Article 53 (3) of the Criminal Code of Mongolia, 1 September 2002. 14

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