10.2006 - Source: Organization for Security and Cooperation in Europe

Resolution prohibiting passage of death sentences until jury trials are introduced throughout Russian Federation; UN Human Rights Committee expressed concern that current moratorium would automatically end once jury system has been introduced ("The Death Penalty in the OSCE Area: Background Paper 2006") [ID 17538]

"A presidential decree instituted a moratorium on executions in 1996. Furthermore, a ruling of the Constitutional Court placed a temporary prohibition on the passage of death sentences on 2 February 1999. The Russian Constitution guarantees the right to trial by jury in cases where the death penalty is a potential sentence. Accordingly, the Constitutional Court adopted a resolution prohibiting the passage of death sentences until such time as jury trials are introduced throughout the Russian Federation. At the time of the decision, jury trials were available in only nine of the 89 constituent entities of the Federation. It is envisaged that jury trials will have been introduced throughout the Russian Federation by 1 January 2007. The introduction of jury trials will remove the bar that the Constitutional Court has placed upon the passage of death sentences. The UN Human Rights Committee expressed its concern that the current moratorium would automatically end once the jury system has been introduced and called upon the Russian Federation to abolish the death penalty de jure before the expiration of the moratorium and to accede to the Second Optional Protocol to the ICCPR."

Document(s): Open document

03.06.2005 - Source: Council of Europe - Parliamentary Assembly

Still no official abolition of the death penalty; non-execution of death sentences depends on the existence of a political will ("Honouring of obligations and commitments by the Russian Federation [Doc. 10568]") [#32710], [ID 11182]

"274. According to the Opinion No. 193 (1996), § 10.ii., Russia undertook to sign within one year and ratify within three years from the time of accession Protocol No. 6 to the European Convention on Human Rights on the abolition of the death penalty in time of peace, and to put into place a moratorium on executions with effect from the day of accession. To date this fundamental commitment remains unfulfilled as regards ratification of Protocol No. 6.

275. Following the Presidential Decree "On Stage-by-Stage Reduction of Execution of Death Penalty in connection with the Russian Federation Joining the Council of Europe" of 16 May 1996, the official moratorium on execution of death sentences, introduced by President Yeltsin on 2 August 1996, has been respected. On 16 April 1997, Russia signed Protocol no. 6, which under the Vienna Treaty constitutes a legal undertaking. The President then submitted to the State Duma a draft ratification law on 6 August 1999. However, to date, this draft has not been adopted even in the first reading.

276. On 2 February 1999, the Constitutional Court ruled that courts may not hand down death sentences until the jury system is made available throughout the entire country. A December 2001 Law on implementation of the Criminal Procedure Code of the Russian Federation (as amended in 2002) provides for step-by-step introduction of jury courts in the country – from 1 July 2002 (in 9 subjects of the Federation), 1 January 2003 (60 subjects), 1 July 2003 (13 subjects), 1 January 2004 (5 subjects), and from 1 January 2007 – in the Chechen Republic. Thus even if the 1996 moratorium will be lifted, the 1999 Constitutional Court ruling will prevent pronouncement of death sentences at least until 2007156.

277. In its Resolution 1277 (2002), the Assembly, whilst recognising that the official moratorium on executions introduced by President Yeltsin on 2 August 1996 was respected, nevertheless urged the Russian authorities to abolish the death penalty de jure and to conclude the ratification of Protocol No. 6 to the European Convention on Human Rights. Unless the death penalty is banned in law, the non-execution of death sentences will be entirely dependent on the existence of a political will to maintain the de facto moratorium on executions in force in the country since 1996."

Document(s): Open document

20.04.2005 - Source: Council of Europe - Commissioner for Human Rights

The abolition of death penalty not yet ratified ("Report by Mr. Alvaro Gil-Robles, Commissioner for Human Rights, on his visit to the Russian Federation, 15-30 July 2004 and 19-20 September 2004 [CommDH(2005) 2]") [#32581], [ID 11183]

"90. As I have already said, the question of the abolition of the death penalty is still outstanding in Russia. President Yeltsin decreed a moratorium on the death penalty in August 1996, cancelling all executions. In doing so, he met one of the key requirements formulated by the Council of Europe during the negotiations preceding the Russian Federation‘ s accession to our Organisation. On 16 April 1997 Russian signed Protocol 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty. lt has still not ratified it. Its failure to honour its undertaking is a source of grave concern, particularly as many voices have been raised over the last few years in the highest echelons of power – in the Duma, the lower house of Parliament – in favour of its restoration. Some argue that capital punishment should be reintroduced for people accused of terrorism, while others see it as the only means of combating drug traffickers."

Document(s): Open document

04.2002 - Source: UK Home Office

UK Home Office: Death penalty ("Country Assessment - April 2002") [#7107], [ID 11184]

""4.23. Despite a de facto moratorium on the death penalty, there were no steps taken during 2000 to abolish the death penalty in law. There were several calls by senior officials for the lifting of the de facto moratorium on the death penalty. In September 2000, some sixty deputies of the Duma appealed to the President to lift the moratorium on the grounds of rising crime throughout Russia, the series of apartment bombings in 1999 and a number of contract killings.""

Document(s): Open document