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We build up our new world
13.03.2007
text: Olga Steblova , exclusively for Gazeta.kz views: [644] It looks as if the capital punishment in Kazakhstan is fully abolished. The participants of the round table, held in Almaty on 12th of March, with the corresponding name "Cancellation of a death penalty, the world moratorium and joining the Roman Statute of the International Criminal Court: Kazakhstan on a way to implementation the international standards " called to move to a full cancellation and interdiction of death penalty in Central Asian region. As known, recently Italy step up with the initiative to put in agenda the question of international moratorium on death penalty, and now this project is signed by more then 80 countries. And joining this project by Kazakhstan could demonstrate the republic intention to fulfill the international democratic and humanitarian principles. "Today the necessity to support Italian initiative and once and for all abolish the death penalty rise up, - thinks Alexander Topol, the main expert of Kazakhstani National Human Rights Center. In favor of this decision acceptance is the fact that during the years of Kazakhstani moratorium on death penalty existence there were no significant changes in criminal rate growth in republic. This in whole supports international tendency as well - till present time nowhere is proved the direct connection between practice of death penalty execution and criminal tendencies. Besides, the full abolishment of the most hard punishment form is in the frames of legal reform held in the country and in conception of rights policy of Kazakhstan. "Capital punishment as punishment type beyond the criminal weight is against the human rights principles. Kazakhstan should come out on one level with developed European democracies where the human being is the highest value", - thinks Kazakhstani expert. Other participants stated other arguments for capital punishment abolition. For instance, one advocate noticed that in such a way Kazakhstan would strengthen more its positions as regional leader. In this matter, true, republic looks better then its neighbors: in two ex-Soviet Central Asian countries out of four except Kazakhstan the capital punishment is still used, and in other one joined the moratorium there are tens of people simply died in prisons not awaited for shooting either forgiveness. Kazakhstan, as well known, from the beginning of the process has chosen the way of step-by-step abolition of capital punishment from early 90s. Little by little there were prohibited the execution of death penalty towards women, under 18 years old criminals, over 65 years old men. Besides, the legislative norms were entered into force, for instance, limiting the judicial error potential via introduction the time-frame to execute death penalty not earlier then 1 year after its coming into effect. The verdict itself could be done only unanimously by all court members. The particular feature of Kazakhstani way to abolition (or rather, at present, moratorium) of death penalty was the fact that the President became an initiator of the process, but not deputies as it was in many countries. Another feature of Kazakhstani specification is that before the moratorium introduction the public opinion questioning was done. At that time, in 2003, it showed that most of the population did not support the abolition or moratorium. Nevertheless the political decision on moratorium introduction was made. How has the situation changed by now? There was no questioning on this problem since then. During last years oblast courts have made 3 death verdicts among which 2 were replaced by life imprisonment. This did not lead to any social and criminal cataclysms, as noticed. Altogether we could presume that complete legal abolition of death penalty will go smoothly. Even more so there are precedents on post-Soviet territory. Even in Russia in early 2000 when the criminal situation on Northern Caucasus was tough the decision on death penalty abolition was accepted by society in whole. Even so the Beslan tragedy lead to new discussions on this topic as it was extraordinary event. Thanks God, hoping there will be no such thing in Kazakhstan…
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