3.6
Tajikistan
Relevant International Instruments
International Instruments
Ratification Status
ICCPR
Ratified
Second Optional Protocol to the ICCPR
Not signed
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.”85 In August 2003,
the president signed legislation abolishing the death penalty for 10 crimes.86 The death
penalty was retained for five crimes: murder with aggravating circumstances, rape
with aggravating circumstances, terrorism, biocide, and genocide.87 On 30 November
2004, the lower chamber of Parliament adopted amendments to the Criminal Code
that provide for life imprisonment for these five crimes.88 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 Execution Code has also been amended.89
The amendments introduce life imprisonment as an alternative to the death penalty
for men between 18 and 63 years of age.
Moratorium
On 30 April 2004, the president announced the introduction of a moratorium on
both the imposition and carrying out of death sentences and signed a subsequent law
85
Article 18 of the Constitution of the Republic of Tajikistan, 6 November 1994.
86
Law No. 45 “On amendments to the Criminal Code”, 1 August 2003.
87 Articles 104 (2), 138 (3), 179 (4), 399, and 398 of the Criminal Code, 21 May 1998, with
amendments of 1 August 2003.
88
Law “On the introduction of amendments to the Criminal Code”, 30 November 2004.
89 Law No. 86 “On amendments to the Criminal Code” and Law No. 87 “On amendments to the
Criminal Execution Code”, 1 March 2005.
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