The Death Penalty in the OSCE Area
provide for the suspension of all executions while the moratorium is in place and set
out the status of those individuals who are subject to the moratorium.52 Everyone who
is subject to the moratorium has the right to appeal to the Clemency Commission for
commutation of their sentence.53
Method of execution
Shooting54
Statistics
Death sentences
According to official statistics provided by the Ministry of Foreign Affairs, three
individuals were sentenced to death by first-instance courts during the period from 30
June 2006 to 30 June 2007. These convictions are not final, as all appeals stages have
not been exhausted. The sentences were applied in cases of deliberate deprivation of
two or more lives with aggravating circumstances.
Executions
None
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.55
Fair-trial guarantees
On 11 January 2005, after his visit to Kazakhstan, the special rapporteur on the
independence of judges and lawyers noted with concern the dominant role prosecutors
52�� Law of the Republic of Kazakhstan No. 514-II “On the introduction of amendments and additions
to legislative acts of the Republic of Kazakhstan on the introduction of life imprisonment”, 31 December
2003; Law of the Republic of Kazakhstan No. 529-II “On the introduction of amendments and additions
to the Criminal Code and Criminal Procedure Code of the Republic of Kazakhstan in connection with
the introduction of a moratorium on the execution of death penalty”, 10 March 2004.
53
Article 49 of the Criminal Code; Article 166(1) of the Criminal Procedure Code.
54 Article 49 of the Criminal Code; Article 167 of the Criminal Execution Code, 13 December 1997.
The death penalty cannot be executed until one year after all appeals have been exhausted.
55 Article 49 (2) of the Criminal Code. This article also stipulates that the death penalty cannot be
applied to men who are over the age of 65 at the time the sentence is pronounced.
18
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