Crime & Justice, Europe, Headlines, Human Rights

DEATH PENALTY-RUSSIA: Duma Leaves Punishment on Table

Kester Kenn Klomegah

MOSCOW, Nov 20 2007 (IPS) - The State Duma concluded its four-year term last week, leaving a stack of important legislation – including that of banning the death penalty – unattended to.

“That bill concerning the ratification of the sixth protocol banning death penalty had been discussed thoroughly several times but we did not gather sufficient votes to deal with the problem,” Pavel Krasheninnikov, chairman of the parliamentary committee on civil and criminal legislations, told IPS.

“It will be wrong to say that the State Duma has relegated the bill to the background despite the fact that it was not voted on. But there is logical possibility that the next legislative chamber will consider and prepare it for another round of votes. Certainly it should be one of its priorities,” Krasheninnikov said.

The next legislative chamber to be formed after the December 2nd parliamentary vote will be tasked with tackling all unaccomplished tasks as well as correcting laws that have not functioned as intended, in addition to new legislative responsibilities.

Commonly referred as the State Duma, the lower house consists of 450 members, is elected every four years, and is responsible solely for enacting legislation for the country.

A prominent lawmaker admitted that the majority of deputies in the State Duma were unprepared to commit themselves to getting death penalty completely abolished – although President Vladimir Putin has repeatedly called for its abolition.


Speaking at the Valdai International Discussion forum in Sochi, Putin said that he considers the death penalty “senseless and counterproductive”.

“The senseless nature of the death penalty has been proven by the thousand- year history of mankind and modern civilisation, toughening of punishment by itself up to the death penalty is not a panacea, is not the most efficient instrument in the struggle against crime,” Putin stressed.

“The most efficient weapon in the struggle against the crime is the inevitability of punishment – everybody knows that – and not the cruelty of punishment. This is the first thing. Secondly, I am deeply convinced, that by using the death penalty in relation to its citizens, even criminals, the state educates its citizens in cruelty and brings forth new cruelty on the part of citizens in relation to each other and in relation to the state itself. And this is also harmful and counterproductive,” Putin said.

“In my opinion, the power to impose the death penalty should not be given to any government. The death penalty exists for the primary purpose of controlling criminally notorious people. But the threat of the imposition of the death penalty is the ultimate threat,” Professor Jeffrey T. Renz of the Law faculty at the University of Montana told IPS, from Missoula.

Countries that have adopted the death penalty – whether Rome after the Catalinarian conspiracy or the States of the United States – have always used it as a tool of oppression, he said.

“There are other ways to protect ourselves from the murderers of say, north Ossetia and the Caucasus region and from the Saddam Husseins of the world. We may imprison them without contact with the outside world for the rest of their lives. I think that the former Soviet republics recognized this when nearly all either abolished the death penalty or imposed a de jure or de facto moratorium on its use,” he added.

From a western standpoint, Russian society is no longer democratizing, Renz warned.

The Commissioner for the Council of Europe (CE), Thomas Hammarberg, repeatedly cautioned that his organisation was not planning to wrap up its monitoring mission in Russia until Moscow finally bans the death penalty.

The CE monitors the fulfillment of Russia’s obligations, undertaken 10 years ago when the country joined the organisation.

Russia is the only European country yet to ban the death penalty, although it promised to do so upon accession to the organisation.

Renz stresses that Russia should immediately repeal the death penalty and, as part of its constitution, prohibit its use by the federation or any republic.

“Countries who wish to participate in the Council of Europe, or have relations with the European Union and the OSCE, for example, may freely decide to enhance human rights or forego the benefits of membership,” he said.

Amnesty International (AI) believes that the death penalty is not acceptable under any circumstances in democratic world.

“Every execution is an affront to human dignity and a grave abuse of human rights. The world is steadily turning against capital punishment,” Piers Bannister, a coordinator of the Death Penalty Team at AI, told IPS in an interview.

133 countries have now abolished the death penalty in law or in practice. “These countries have realised the risks inherent in the use of the death penalty,” Bannister said.

“It can be used against those innocent of the crime for which they were condemned… and it is often used after unfair trials or disproportionately against ethnic minorities, the poor or other disadvantaged groups,” he explained.

AI regularly campaigns for those guilty of grave human rights violations – such as Saddam Hussein – to be held accountable for their actions. However, AI believes that any punishment inflicted upon them should only be administered after a full and fair trial that adheres to international standards and that, whatever the appalling nature of the crimes of which they are accused, they should not be subjected to cruel, inhuman and degrading treatment or punishment.

“Nothing that we are aware of prevents Russia from abolishing the death penalty,” Bannister says.

Russian authorities have repeatedly stated that President Putin strictly opposes the death penalty, but that the population may not be ready to accept the full abolition of the death penalty.

Many countries, Bannister explained, have abolished the death penalty despite a large portion of the population allegedly being in favour of it.

 
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