The Death Penalty in the OSCE Area
The Concept of Legal Policy of the Republic of Kazakhstan for 2010–2020
foresees a gradual decrease in the scope of application of the death penalty as one of
the objectives of the state’s criminal justice policy.34
MONGOLIA35
In January 2010, the President of Mongolia announced a moratorium on the death
penalty and commuted the death sentences of those who appealed for clemency.36
Mongolia ratified the Second Optional Protocol to the International Covenant on
Civil and Political Rights in 2012.37 However, the death penalty is still a punishment
provided for under Article 16(1) of the Constitution,38 and is foreseen as a punishment
for grave crimes under the Article 53 of the Criminal Code.39 During the Universal
Periodic Review, Mongolia stated that a revised draft of the Criminal Code excludes
the death penalty.40
RUSSIAN FEDERATION41
A moratorium on the application of the death penalty has been in place in the
Russian Federation since May 1996, when the President of the Russian Federation
committed to abolish the death penalty following the country’s accession to the
34 “Kazakhstan: The Concept of Legal Policy for 2010-2020”, endorsed by the Presidential Decree No. 858 of 24
August 2009.
35 The Permanent Mission of Mongolia did not provide the response to the 2015 OSCE/ODIHR Questionnaire on
the state of death penalty.
36 Annual Report: Mongolia 2010, Amnesty International, <http://www.amnestyusa.org/research/reports/annual-report-mongolia-2010?page=show>.
37 Ratification Status for Mongolia, UN Office of the High Commissioner for Human Rights, <http://tbinternet.ohchr.
org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=115&Lang=EN>.
38 Constitution of
lia_2001?lang=en>.
Mongolia
1992
(rev.
2001),
<https://www.constituteproject.org/constitution/Mongo-
39 Criminal Code of Mongolia (revised), <http://www.unodc.org/res/cld/document/mng/2001/criminal_code_of_
mongolia_html/Mongolia_Criminal_Code_2002.pdf>.
40 Draft report of the Working Group on the Universal Periodic Review, A/HRC/WG.6/22/L.4, <http://www.upr-info.
org/sites/default/files/document/mongolia/session_22_-_may_2015/a_hrc_wg.6_22_l_4.pdf>.
41 Permanent Mission of the Russian Federation to the OSCE did not provide a response to the 2015 ODIHR questionnaire on the death penalty.
15
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