Dergiler / Uluslararası Afro-Avrasya Araştırmaları Dergisi / 2019 / Cilt: 4 - Sayı: 7
RUSYA FEDERASYONU ANAYASAL DÜZENİNDE ÖLÜM CEZASI VE ANAYASA MAHKEMESİNİN YAKLAŞIMI
- Sayfa
- 123–143
- DOI
- —
Özet
Ölüm cezası Rusya Federasyonu hukuk düzeninde en tartışmalı konulardan birisi
Abstract
Death penalty is one of the most controversial issues in the legal order ofRussian Federation. According to Article 20 which regulate right to life of the 1993 Constitution ofthe Russian Federation “…Capital punishment until its complete abolition may be established byfederal law as an exclusive form of punishment for particularly grave crimes against life, and theaccused shall be granted the right to have his case examined by a court with the participation ofa jury”. Thus, the constitution regards the death penalty as a temporary measure until its fullabolition and provides, in Article 20/2, that every suspect threatened with the death penalty hasthe right to jury trial. The Russian Federation joined the Council of Europe in 1996 and signed theProtocol No.6 to the European Convention on Human Rights (ECHR), prohibiting the death penaltyin peace time on 16 April 1997. On joinning the Council of Europe, Russia through a commitmentto establish a moratorium to abolish the death penalty and judicial reforms in criminal law hasundertaken initiatives to fulfill its obligations arising from membership . Until now, debate on thedeath penalty has been accumulated in two main grounds. The First relates to the decision of theConstitutional Court in 1999 on that the death penalty can not be imposed in Russia until jury trialis guaranteed in entire constitutional constituent units. Latter relates to termination of practicesleading to inequality between man and women and violate the prohibition of discrimination withrespect to the death penalty in practice. In this study, death penalty in the Russian Federation; willbe dealt with the context of the obligations arising from the relations of the Russian Federationwith the Council of Europe and the context of the Constitutional Court's approach to the subject.