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Capital punishment in Russia

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Execution of the murderers of Alexander II of Russia

Capital punishment is a legal penalty in Russia but is not used due to a moratorium and no death sentences or executions have been carried out since 2 August 1996. Russia has had an implicit moratorium in place since one was established by President Boris Yeltsin in 1996, and explicitly established by the Constitutional Court of Russia in 1999 and reaffirmed in 2009.

History

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Medieval Russia and Russian Empire

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In pre-Tsarist medieval Russia, capital punishment was relatively rare and was even banned in many, if not most, principalities. The Law of Yaroslavl (c. 1017) put restrictions on what crimes warranted execution. Later, the law was amended in much of the country to completely ban capital punishment.[citation needed]

Medieval Russia practiced the death penalty extensively. One of the first legal documents resembling a modern penal code was enacted in 1398, which mentioned a single capital crime: a theft performed after two prior convictions (an early precursor to the current three-strikes laws existing in several U.S. states). The Pskov Code of 1497 extends this list significantly, mentioning three specialized theft instances (those committed in a church, stealing a horse, or, as before, with two prior "strikes"), as well as arson and treason. The trend to increase the number of capital crimes continued: in 1649, this list included 63 crimes, a figure that nearly doubled during the reign of Tsar Peter I (Peter the Great). The methods of execution were extremely cruel by modern standards and included drowning, burying alive, and forcing liquid metal into the throat.[1]

The Morning of the Streltsy Execution by Vasily Ivanovich Surikov

Elizabeth (reigned 1741–1762) did not share her father Peter's views on the death penalty, and officially suspended it in 1745, effectively enacting a moratorium. This lasted for 11 years, at which point the death penalty was permitted again, after considerable opposition to the moratorium from both the nobility and, in part, from the Empress herself.[1]

Perhaps the first public statement on the matter to be both serious and strong came from Catherine II (Catherine the Great), whose liberal views were consistent with her acceptance of the Enlightenment. In her Nakaz of 1767, the empress expressed disdain for the death penalty, considering it to be improper, adding: "In the usual state of the society, the death penalty is neither useful nor needed." However, an explicit exception was still allowed for the case of someone who, even while convicted and incarcerated, "still has the means and the might to ignite public unrest".[2] This specific exception applied to mutineers of Pugachev's Rebellion in 1775. Consistent with Catherine's stance, the next several decades marked a shift in public perception against the death penalty. In 1824, the very existence of such a punishment was among the reasons for the legislature's refusal to approve a new version of the Penal Code. Just one year later, the Decembrist revolt failed, and a court sentenced 36 of the rebels to death.[1] Nicholas I's decision to commute all but five of the sentences was highly unusual for the time, especially taking into account that revolts against the monarchy had almost universally resulted in an automatic death sentence, and was perhaps[original research?] due to society's changing views of the death penalty.[citation needed] By the late 1890s, capital punishment for murder was virtually never carried out, but substituted with 10 to 15 years imprisonment with hard labor, although it still was carried out for treason (for example, Alexander Ulyanov was hanged in 1887). However, in 1910, capital punishment was reintroduced and expanded, although still very seldom used.[citation needed]

Russian Republic

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The death penalty was officially outlawed on March 12, 1917, following the February Revolution and the establishment of the Russian Republic. On May 12, 1917, the death penalty became applicable to soldiers at the front.[3]

Russian SFSR and the Soviet Union

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Main article: Capital punishment in the Soviet Union
Lavrentiy Beria's proposal of January 29, 1942, to execute 46 generals. Joseph Stalin's resolution: "Shoot all named in the list. – J. St.".

The Soviet government confirmed the abolition almost immediately after the October Revolution but restored it soon after. Most notably, Socialist-Revolutionary Fanny Kaplan was executed on 4 September 1918 for her attempt to assassinate Lenin six days earlier. Hangings and shootings were very extensively employed by the Bolsheviks as part of their Red Terror.[4]

Over the next several decades, the death penalty was alternately permitted and prohibited, sometimes in very quick succession. The list of capital crimes likewise underwent several changes.[citation needed] Under the rule of Joseph Stalin, many were executed during the Great Purge in the 1930s. Many of the death sentences were pronounced by a specially appointed three-person commission of officials, the NKVD troika.[5] The exact number of executions is debated, with archival research suggesting it to be between 700,000 and 800,000, whereas an official report to Nikita Khrushchev from 1954 cites 642,980 death penalty sentences.[6] Another report in 1956 cites 688,503 death penalty sentences, of which 681,692 were carried out during the years of 1937-1938.[7] (see also Joseph Stalin § Death toll and allegations of genocide). The verdict of capital punishment in the Soviet Union was called the "Supreme Measure of Punishment" (Vysshaya Mera Nakazaniya, VMN). Verdicts under Article 58 (counter-revolutionary activity) often ended with a sentence that was abbreviated as VMN, and usually followed by executions through shooting, although other frequent verdicts were 10-year and 25-year (dubbed "Сталинский четвертак" Stalinskiy chetvertak, "Stalin's Quarter") sentences.

The death penalty was again abolished on 26 May 1947, the strictest sentence becoming 25 years' imprisonment before it was restored on 12 May 1950:[8][9] first for treason and espionage, and then for aggravated murder.[1][3] According to Western estimates, in the early 1980s Soviet courts passed around 2,000 death sentences every year, of which two-thirds were commuted to prison terms.[10] According to the GARF archives database, between 1978 and 1985 there were 3,058 death sentences that had been appealed to the Supreme Soviet of the RSFSR.[11] At least one woman was executed during this time, Antonina Makarova, on 11 August 1979.[12] After the fall of the Soviet Union, the Russian Federation carried out the death penalty intermittently, with up to 10 or so officially a year. In 1996, pending Russia's entry into the Council of Europe, a moratorium was placed on the death penalty, which is still in place as of 2024.

Current status

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Statute limitations

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Article 20 of the Russian Constitution states that everyone has the right to life, and that "until its abolition, the death penalty may only be passed for the most serious crimes against human life." Additionally, all such sentences require jury trial.[13] The inclusion of the abolition wording has been interpreted by some[3] as a requirement for capital punishment to be abolished in the future.

The current Penal Code[14] permits the death penalty for five crimes:

  • murder, with certain aggravating circumstances (article 105.2)
  • attempted murder of a judge (article 295)
  • attempted murder of a police officer (article 317)
  • attempted murder of a state official (article 277)
  • genocide (section 357)

No crime has a mandatory death sentence; each of the five sections mentioned above also permits life imprisonment, as well as a prison sentence of 8 to 30 years. Males under the age of 18 or over the age of 60 at the time of commission, along with all females, are ineligible for capital punishment.[1]

The Penal Execution Code specifies that the execution is to be carried out "privately by shooting".[15]

Moratorium

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One of the absolute requirements of the Council of Europe for all members is the abolition of capital punishment. However, the council has accepted temporary moratoria. Consistent with this, on 25 January 1996, the Council required Russia to implement a moratorium immediately and fully abolish capital punishment within three years to approve its bid for inclusion in the organization. In a month, Russia agreed and became a member of the Council.[16] Whether the moratorium has happened as a matter of legal right is controversial.[17]

On 16 May 1996, President Boris Yeltsin issued a decree "for the stepwise reduction in the application of capital punishment in conjunction with Russia's entry into the Council of Europe", which is widely cited as de facto establishing such a moratorium. The decree called on the legislature to prepare a law that would abolish capital punishment, as well as a recommendation to reduce the number of capital crimes and require the authorities to treat those on death row humanely.[17] Although the order may be read as not legally abolishing capital punishment, this was eventually the practical effect, and it was accepted as such by the Council of Europe as Russia was granted membership in the organization.[16]

However, since executions continued in 1996 after Russia signed the agreement, the council was not satisfied and presented Russia with several ultimatums, threatening to expel the country if capital punishment continued to be carried out. In response, several more laws and orders were enacted, and Russia has not executed anyone since Golovkin's execution in August 1996.[16] After the moratorium was announced and the maximum sentence was officially increased from 25 years to life in prison, multiple death row inmates committed suicide.[18][19]

On 2 February 1999, the Constitutional Court of Russia issued a temporary stay on any executions for a rather technical reason, but granting the moratorium an unquestionable legal status for the first time. According to the Constitution, as quoted above, a death sentence may be pronounced only by a jury trial, which was not yet implemented in some regions of the country. The court found that such disparity makes death sentences illegal in any part of the country, even those that do have the process of trial by jury implemented. According to the ruling, no death sentence may be passed until all regions of the country have jury trials.[17]

Proposed reinstatement

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In April 2013, President Vladimir Putin said that lifting the moratorium was inadvisable.[20] However, when Russia was suspended from the Council of Europe in the wake of the Russian invasion of Ukraine, and subsequently announced its intention to withdraw from the organisation, former President and Prime Minister Dmitry Medvedev endorsed restoring the death penalty in Russia.[21][22] Russia was eventually expelled from the Council of Europe in March 2022.[23]

Following the Crocus City Hall attack in March 2024, many senior members of United Russia called for the return of the death penalty in Russia.[24][25]

In Pro-Russian breakaway regions before joining Russia

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On 9 June 2022, the Supreme Court of the Donetsk People's Republic convicted Aiden Aslin, Shaun Pinner (both British), and Brahim Saadoune (Moroccan) as mercenaries and sentenced them to the death penalty. The Russian media and the court claimed that Aslin had confessed to "having undergone drilling aimed at carrying out terrorist acts" and that Pinner is recognised in the UK as a mercenary for partaking in the wars in Iraq and Syria.[26] The men have said they were serving in the Ukrainian Marines, making them active-duty soldiers who should be protected by the Geneva Conventions on prisoners of war;[27] the UN and the UK condemned the verdict, supporting this claim.[28][29] The men were released following a prisoner exchange.[30] And the Donetsk People's Republic later joined Russia in September 2022 removing the death penalty sentence from their criminal code.

Public opinion

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A survey conducted by the same company in 2012 (on a sample of 3,000) found that 62 percent of the respondents favored a return to the use of the death penalty, and 21 percent still supported the moratorium. In this survey, five percent of the respondents supported the abolition of the death penalty, and 66 percent supported the death penalty as a valid punishment.[31]

According to a 2013 survey by the Levada Center, 54 percent of the respondents favored an equal (38 percent) or greater (16 percent) use of the death penalty as before the 1996 moratorium, a decline from 68 percent in 2002 and 61 percent in 2012. This survey found that the death penalty now has a higher approval rating in urban areas (77 percent in Moscow for example), with men and among the elderly.[20][32] According to the Levada Center figures, the proportion of Russians seeking abolition of the death penalty was 12 percent in 2002, 10 percent in 2012 and 11 percent in 2013. According to the same source, the proportion of Russians approving of the moratorium increased from 12 percent in 2002 to 23 percent in 2013.[20]

A 2019 Levada Center poll found the number of Russians who support the death penalty’s return had climbed to nearly half, with 49% of Russian respondents saying they would like to see the return of the death penalty, an increase from 44% in 2017. 19% said the death penalty should be abolished.[33]

A 2024 poll found that 53% of Russians in favour of restoring the death penalty, while 39% were against.[34]

Russian opinion on the practice in Europe

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After two terrorists were executed in Belarus in 2012 for their role in the 2011 Minsk Metro bombing, the Russian Foreign Minister Sergey Lavrov said that he urged all European countries to join the moratorium, including Belarus. However, he said that it is an internal affair of each state, and that, despite condemning the execution, Russia still was a major supporter of the war on terror.[35]

Procedure

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Historically, various types of capital punishment were used in Russia, such as hanging, breaking wheel, burning, beheading, flagellation by knout until death, etc. During the times of Ivan the Terrible, capital punishment often took exotic and torturous forms, impalement being one of its most common types.[citation needed] Certain crimes incurred specific forms of capital punishment, e.g. coin counterfeiters were executed by pouring molten lead into their throats, while certain religious crimes were punishable by burning alive.[36]

In the times after Peter the Great, hanging for military men and shooting for civilians became the default means of execution,[37] though certain types of non-lethal corporal punishment, such as lashing or caning, could result in the convict's death.[38]

In the Soviet Union and post-Soviet Russia, convicts awaited execution for around 9–18 months since the first sentence. That was the time typically needed for two or three appeals to be processed through the Soviet juridical system, depending on the level of the court that first sentenced the convict to death. Shooting was the only legal means of execution, though the exact procedure has never been codified. Unlike most other countries, the execution did not involve any official ceremony: the convict was often given no warning and taken by surprise to eliminate fear, suffering, and resistance.[citation needed] Where warning was given, it was usually just a few minutes.[citation needed]

The process was usually carried out by a single executioner, usage of firing squads being limited to wartime executions. The most common method was to make the convict walk into a dead-end room and shoot him from behind in the back of the head with a handgun.[39][40][41] In some cases, the convict could be forced down on his knees.[42] Some prisons were rumored to have specially designed rooms with fire slits.[39] Another method was to make the convict walk out of the prison building, where he was awaited by the executioner and a truck with the engine and headlamps turned on. The lights blinded and disoriented the convict, while the noise of the engine muffled the shot.[43]

The bodies of the executed criminals and political dissidents were not given to the relatives, but rather buried in anonymous graves in undisclosed locations.[44]

See also

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References

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  1. ^ a b c d e "Правовед - правовой ресурс Русецкого Александра Смертная казнь (правовое регулирование)". rusetsky.com. Archived from the original on November 3, 2005.
  2. ^ "Екатерина II Великая: Статьи: Императрица Екатерина II и ее "Наказ"". bnd.ru. Archived from the original on 2007-08-15.
  3. ^ a b c "Army soul of Russia". krotov.info. Archived from the original on May 10, 2009.
  4. ^ Red Terror at 100: What Was Behind a Vicious Soviet Strategy
  5. ^ Administrator. "Смертная казнь в СССР в 1937-1938 гг". stalinism.ru.[permanent dead link]
  6. ^ Письмо Генерального прокурора СССР Р.А. Руденко, Министра внутренних дел СССР С.Н. Круглова и Министра юстиции СССР К.П. Горшенина 1-му секретарю ЦК КПСС Н.С. Хрущеву о пересмотре дел на осужденных за контрреволюционные преступления. Реабилитация: как это было. Документы Президиума ЦК КПСС и другие материалы. В 3-х томах. Vol. 1. pp. 103-105.
  7. ^ Доклад комиссии ЦК КПСС президиуму ЦК КПСС по установлению причин массовых репрессий против членов и кандидатов в члены ЦК ВКП(б), избранных на ХVII съезде партии, 09.02.1956
  8. ^ Peter Hodgkinson and William A. Schabas, Capital Punishment: Strategies for Abolition (Cambridge University Press, 2004) p274
  9. ^ The Soviet Penal System in the USSR and the SBZ/GDR Retrieved 3 April 2010.
  10. ^ Schmemann, Serge (3 August 1983). "In Soviet, The Death Penalty Persists Without Any Debate". New York Times. Retrieved 1 October 2018.
  11. ^ ф.А385. ВЕРХОВНЫЙ СОВЕТ РСФСР. оп.39. Дела по ходатайствам о помиловании осужденных к высшей мере наказания за 1978-1985 гг., retrieved 2013-6-8
  12. ^ "Woman who executed 1,500 people in WWII faced death sentence in 30 years". English Pravda.ru. 12 December 2005.
  13. ^ "Глава 2. Права и свободы человека и гражданина - Конституция Российской Федерации". constitution.ru.
  14. ^ "Уголовный кодекс Российской Федерации". Archived from the original on 11 November 2006.
  15. ^ "ИСПОЛНЕНИЕ НАКАЗАНИЯ В ВИДЕ СМЕРТНОЙ КАЗНИ - Уголовно-исполнительный кодекс РФ (УИК РФ) от 08.01.1997 N 1-ФЗ (Russian Federation Penal Execution Code DTD January 8, 1997, article 186) \ Консультант Плюс". consultant.ru. 29 April 2015.
  16. ^ a b c "Домен tanatos.ru продаётся. Цена: 50 000,00 р." www.reg.ru.
  17. ^ a b c "7 МЕСЯЦЕВ ДО СМЕРТНОЙ КАЗНИ". Новая Газета. Archived from the original on 2008-09-04. Retrieved 2011-03-16.
  18. ^ Russia s Toughest Prison Black Dolphin Prison, 25 January 2017, retrieved 2022-03-03
  19. ^ Rodzinski, Anna (2011-06-18), Russia's Toughest Prisons (Documentary), PSG Films, National Geographic Channel, retrieved 2022-03-03
  20. ^ a b c Сергей Подосенов, Более половины россиян за возвращение смертной казни, 1 июля 2013
  21. ^ Times, The Moscow (2022-03-10). "Russia Quits Europe's Rule of Law Body, Sparking Questions Over Death Penalty". The Moscow Times. Retrieved 2022-03-14.
  22. ^ "Dmitry Medvedev vows to reintroduce death penalty". The Independent Barents Observer. Retrieved 2022-03-14.
  23. ^ "The Russian Federation is excluded from the Council of Europe". Council of Europe.
  24. ^ "Putin Allies Demand Return of Death Penalty After Moscow Attack". The Moscow Times. 24 March 2024. Retrieved 24 March 2024.
  25. ^ "Russian politicians call for reinstatement of death penalty". bne IntelliNews. 24 March 2024. Retrieved 24 March 2024.
  26. ^ "Суд ДНР приговорил наемников Аслина, Пиннера и Брагима к смертной казни" [Court of DNR sentenced mercenaries Aslin, Pinner and Brahim to death]. RIA Novosti. 9 July 2022. Archived from the original on 9 June 2022.
  27. ^ "Britons sentenced to death after 'show trial' in Russian-occupied Ukraine". the Guardian. 9 June 2022.
  28. ^ "ООН после приговора наемникам в ДНР призвала соблюдать Женевскую конвенцию" [The UN called for compliance with the Geneva conventions after the sentence for the mercenaries in DNR]. RIA Novosti. 9 July 2022. Archived from the original on 9 June 2022.
  29. ^ "Shaun Pinner: who is former British soldier sentenced to death in Ukraine, and what did he say on TV?". NationalWorld. 9 July 2022.
  30. ^ "Britons held by Russian forces in Ukraine released". BBC News. 22 September 2022.
  31. ^ Россияне хотят вернуть смертную казнь - опрос Archived 2012-11-06 at the Wayback Machine, 29.03.2012, retrieved 2013-8-6
  32. ^ "54 percent of Russians want return of capital punishment, survey says - UPI.com". UPI.
  33. ^ "Half of Russians Want the Death Penalty Back – Poll - the Moscow Times". Archived from the original on 2021-12-21. Retrieved 2021-12-21.
  34. ^ [1]
  35. ^ Ministry of Foreign Affairs of the Russian Federation
  36. ^ "Соборное уложение 1649г. - Электронная Библиотека истории права". gumer.info.
  37. ^ "Смертная казнь в Российской империи: казнить, нельзя помиловать!". maxpark.com.
  38. ^ "Текст статьи "История телесных наказаний в русском уголовном праве" // Право России // ALLPRAVO.RU". allpravo.ru. Archived from the original on 2014-08-25. Retrieved 2015-03-04.
  39. ^ a b "Как казнили в СССР. Интервью с палачом". index.org.ru.
  40. ^ "Ъ-Власть - "Я расстреливал преступников, а не мирное население"". kommersant.ru. 16 June 1998.
  41. ^ "Исполнители смертных приговоров расстреливали убийц и выпивали по 100 грамм за упокой". segodnya.ua. 11 July 2022.
  42. ^ "Как проводится смертная казнь в Белоруссии?". Пикабу. 24 March 2012.
  43. ^ "2yxa.ru - Казни и Пытки, Ритуалы смертной казни". 2yxa.ru.
  44. ^ "Russian Federation Penal Code Article 186.4".
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