death_penalty_new.qxd 02-08-27 12:57 Page 50 THE DEATH PENALTY IN THE OSCE AREA Clemency/Pardon: The Constitution of the Republic of Tajikistan gives the President authority to grant clemency184. Accordingly the Criminal Code provides that the death sentence can be replaced with 25 years imprisonment by a special act of the President185. There is no official information on the numbers of pardons that are made by the President. According to unofficial information, five persons were granted clemency in 2001 whilst at least 51 appeals for clemency were turned down186. ADDITIONAL COMMENTS There are concerns that people have been executed before the appropriate authority has taken a decision regarding their appeal or pardon. Gaybullojon Saidov was reportedly executed on 4 April 2001 despite a request by the United Nations Human Rights Committee to the government asking the authorities not to execute him whilst his case was under examination by the Committee187. 184 185 186 187 Article 69 (27) of the Constitution. Article 59 of the Criminal Code. Human rights in the OSCE region, Report 2002, International Helsinki Federation, Vienna, p. 294. Amnesty International reports that two death sentences were known to have been commuted in 2001. See Report 2002, AI POL 10/001/2002, Amnesty International, London. p. 239. Saidov v. Tajikistan (964/00). Tajikistan did not comply with a request for interim measures. The merits of the case have not yet been decided by the UN Human Rights Committee. There had been allegations of unfair trial and ill-treatment in pre-trial detention. 50