Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 30 THE DEATH PENALTY IN THE OSCE AREA 3.7 TAJIKISTAN RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Ratification Status90 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.”91 In August 2003, the president signed legislation abolishing the death penalty for 10 crimes.92 The death penalty was retained for five crimes: murder with aggravating circumstances, rape with aggravating circumstances, terrorism, biocide, and genocide.93 On 30 November 2004, the lower chamber of parliament adopted amendments to the Criminal Code that provide for life imprisonment for these five crimes.94 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.95 The amendments introduce life imprisonment as an alternative to the death penalty for men between 18 and 63 years of age. 90 91 92 93 94 95 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 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. 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. 30