death_penalty_new.qxd 02-08-27 12:57 Page 19 ARMENIA 4.2 ARMENIA35 RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Signed Ratified Article 6 of the ICCPR Yes Yes Second Optional Protocol to the ICCPR No No Article 37 (a) of the CRC Yes Yes Protocol No.6 to the ECHR Yes No Protocol No.13 to the ECHR No No LEGAL FRAMEWORK Status: De facto abolitionist Scope: The death penalty is a legal punishment for crimes committed in peacetime and in wartime. The current Constitution of the Republic of Armenia states that, “Until such time as it is abolished, the death penalty may be prescribed for particularly grave crimes as an exceptional punishment”36. The current Criminal Code envisages the death penalty for 23 crimes37. These are treason, espionage, terrorist acts, terrorist act against a representative of a foreign state, subversion, banditry, actions undermining order in penitentiaries, desertion from the army in times of war, counterfeiting money or securities, premeditated murder in aggravating circumstances, rape, rape of a female infant and bribery38. The remaining 11 crimes which envisage the death penalty are military crimes39. Upon accession to the Council of Europe in January 2001, Armenia undertook 35 36 37 38 39 This entry was written with the assistance of the OSCE Office in Yerevan, Armenia and the Delegation of the Republic of Armenia to the OSCE who completed our questionnaire on the death penalty. Article 17 of the Constitution of the Republic of Armenia, 5 July 1995. The Criminal Code of the Republic of Armenia, 1961. Articles 56, 60, 61, 62, 63, 72, 72(2), 76(2), 82(2), 99, 112(4) and 185(3) of the current Criminal Code. Articles 246(c), 248(c), 250(b), 257(b), 259(g), 263(f), 269, 270(b), 271, 272 and 274 of the current Criminal Code. 19