Capital punishment in the Soviet Union

Capital punishment was a legal penalty in the Soviet Union for most of the country's existence. The claimed legal basis for capital punishment was Article 22 of the Fundamental Principles of Criminal Legislation, which stated that the death penalty was permitted "as an exceptional measure of punishment, until its complete abolition".[1]

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.[2] The death penalty was not applied to minors or pregnant women.[3]

History

During the Second All-Russian Congress of Soviets of Workers' and Soldiers' Deputies in November 1917, the government of Soviet Russia decreed the abolition of death penalty. Later in February 1918, death penalty was reinstated. Hangings and shootings very extensively employed by the Bolsheviks as part of their Red Terror.[4]

The first person to be sentenced to death by a Soviet court was Alexey Schastny, Admiral of the Baltic Fleet, on 21 June 1918.[2] Conditional death sentences also occurred in the early 1920s.[3] Decrees issued in 1922, 1923 and 1933 provided police with the right to carry out summary executions, but they were repealed in 1959.[3] Capital punishment was abolished on 26 May 1947, but was reinstated in 1950.[5] Capital punishment was extended to cases of aggravated murder in 1954.[3]

Capital crimes

In addition to crimes such as treason, espionage, terrorism and murder, capital punishment was imposed for economic crimes, such as "the pilfering of state or public property in especially large amounts".[6] The hijacking of a plane became a capital crime in 1973.[7]

Economic crimes

Capital punishment for crimes against state and public property was reintroduced in 1961.[8] During the same year, two foreign currency traders, Rokotov and Faibishenko, were retroactively sentenced to death and executed.[9] By 1987, over 6,000 people had been executed for committing an economic crime.[8] The death penalty was generally applied if the crime involved sums exceeding about 10,000 rubles, though there was no fixed threshold.[8]

Several officials were executed for economic crimes as part of Yuri Andropov's anti-corruption campaign.[10] Vladimir I. Rytov, a deputy Minister of Fisheries, was executed in 1982 for smuggling millions of dollars worth of caviar to the West.[11] The director of Gastronom 1, one of Moscow's most prominent gourmet food stores, was executed in 1984 for corruption.[12] The chairman of Technopromexport was executed in 1984 for "systematically taking big bribes".[10] Bella Borodkina, head of the restaurants and canteens department in Gelendzhik, was sentenced to death for receiving $758,500 in bribes.[13][14][15]

In 1964 The New York Times noted that "60 percent of the 160 persons executed for economic crimes since 1961 were Jews."[16]

Contemporary status

Republics
KeyCountryYear of last executionNumber of executions in 2019Year abolishedNotes
 Russia 1999 (Chechnya)
1996 (rest of Russia)		 n/a Firing squad. Russia retains capital punishment, but has been under a moratorium since 1996. There have been 4 periods when Russia abolished capital punishment: in the 1700s by Elizabeth of Russia (but was restored by Peter III of Russia); on 12/03/1917 to 12/07/1917 following the overthrow of the Tsar; 27/10/1917 to 18/02/1918 following the seizure of power by the Bolsheviks; and 1947–1950 (Joseph Stalin abolished it in 1947, but restored it in 1950. For this period, the strictest punishment in USSR was penal servitude in a Gulag camp for 25 years). The Criminal Code of the Russian Federation permits capital punishment for aggravated murder, attempted murder of a state official, attempted murder of a judge, attempted murder of a police officer, and genocide.[17] On 16/04/1997, Russia signed Protocol 6 to the European Convention on Human Rights, but has not ratified. There has been a moratorium on executions since 1996; no executions in the Russian Federation since August 1996 (except one in 1999 in the Chechen Republic, a former limited recognition state). In 12/2009, the Constitutional Court of the Russian Federation extended the moratorium indefinitely pending ratification of Protocol 6. See Capital punishment in Russia.
 Ukraine 1997[18] 2000[19][20] Abolished 02/2000 after the Constitutional Court of Ukraine ruled capital punishment unconstitutional in 12/1999.[19][20] New criminal code passed in 04/2000.[19][20][21][22]
 Belarus 2019[23] 2 n/a Belarus is the only country in Europe to use capital punishment. Death sentences are executed by a single shot to the back of the head. Capital punishment is permitted for crimes against humanity; war crimes; terrorism; aggravated murder; treason; sabotage.[24] See Capital punishment in Belarus.
 Uzbekistan 2005[25] 2008 President Islam Karimov signed a decree on 01/08/2005 that replaced capital punishment with life imprisonment on 01/01/2008[26]
 Kazakhstan 2003[27] 2021[28] Moratorium since 17 December 2003. Abolished on 30 July 2009 for other crimes.[29] On 28 March 2011 the Presidential Commission for Human Rights in Astana asked the government to abolish capital punishment.[30][31]
 Georgia 1995 2006 The death penalty was abolished for most offenses in 1997, but the constitution stated that the Supreme Court had the power to impose the death penalty in exceptionally serious cases of "crimes against life". On 27 December 2006, President Mikheil Saakashvili signed into a law a new constitutional amendment totally abolishing the death penalty in all circumstances.

The self-proclaimed state of Abkhazia, which is claimed by Georgia, still retains the death penalty for wartime treason, but it has been under moratorium since 2007.

 Azerbaijan 1993 1998
 Lithuania 1995 1998
 Moldova *None since independence in 1991 2005 Last execution when a part of the USSR was in 1985. On 23 September 2005 the Moldovan Constitutional Court approved constitutional amendments that abolished the death penalty.[32]

The self-proclaimed state of Transnistria, which is claimed by Moldova, still retains the death penalty but has observed a moratorium on executions since 1999.

 Latvia 1996 2012 Death penalty abolished for peacetime offenses 1999. Abolished for all crimes 2012.[33]
 Kyrgyzstan *None since independence in 1991 2007 Kyrgyz authorities had extended a moratorium on executions each year since 1998. Abolished by constitution in 2007[34][35]
 Tajikistan 2004 n/a Firing squad. Death penalty for murder with aggravating circumstances; rape with aggravating circumstances; terrorism; biocide; genocide.[36] Moratorium introduced 30 April 2004 by President Emomali Rahmon, which means instead of capital punishment, the individual shall receive a life in prison. Persons excluded from death row are: the elderly, women, pregnant women, intellectually disabled, the mentally ill, and teenagers who were under the age of 18 at the time of the crime.[37]
 Armenia *None since independence in 1991 1998 Abolished in 1998 by Constitution. The last execution when Armenia was a part of the USSR was on 30 August 1991.
 Turkmenistan 1997 1999 Abolished 1999 by Constitution.
 Estonia 1991 1998 The last execution in Estonia has taken place on 11 September 1991 when Rein Oruste was shot with a bullet to the back of the head for the crime of murder.

See also

References
  1. Ioffe, O. Olimpiad Solomonovich; Janis, Mark Weston (1987). Soviet Law and Economy. Martinus Nijhoff Publishers. ISBN 9024732654.
  2. Schmemann, Serge (August 3, 1983). "In Soviet, The Death Penalty Persists Without Any Debate". New York Times. Retrieved October 1, 2018.
  3. van den Berg, Ger P. (April 1983). "The Soviet Union and the death penalty". Soviet Studies. 35 (2): 154–174. doi:10.1080/09668138308411469.
  4. Red Terror at 100: What Was Behind a Vicious Soviet Strategy
  5. Magnusdottir, Rosa (2010). "Review of Hilger, Andreas, "Tod den Spionen!": Todesurteile sowjetischer Gerichte in der SBZ/DDR und in der Sowjetunion bis 1953". H-Net. Retrieved October 1, 2018.
  6. Clark, William A. (2016). Crime and Punishment in Soviet Officialdom: Combating Corruption in the Soviet Elite, 1965-90: Combating Corruption in the Soviet Elite, 1965-90. Routledge. ISBN 9781315486635.
  7. "At Least Seven Die In Shootout After Hijacking Of A Soviet Plane". The New York Times. November 23, 1983. Retrieved October 1, 2018.
  8. Kline, George L. (May 1987). "Capital Punishment For Crimes Against State And Public Property In The Soviet Union Today" (PDF). National Council For Soviet And East European Research. Retrieved October 1, 2018.
  9. Sakharov, Andrei D. (February 9, 1978). "The Death Penalty". The New York Review of Books. Retrieved October 18, 2018.
  10. "2 High Soviet Officials Are Executed For Graft". The New York Times. January 14, 1984. Retrieved October 1, 2018.
  11. Chazanov, Mathis (April 27, 1982). "Soviets reports execution in caviar scandal". UPI. Retrieved October 1, 2018.
  12. Mydans, Seth (August 5, 1984). "Soviet Millionaire's Path To The Firing Squad". New York Times. Retrieved October 1, 2018.
  13. "Two soldiers and two civilian defense arms experts were..." UPI. April 26, 1984. Retrieved October 1, 2018.
  14. "Graft and Embezzlement,-Most Persistent Crimes in Soviet, Continue to Plague the Economy". The New York Times. April 13, 1976. Retrieved November 13, 2022.
  15. Henry Kamm (October 4, 1967). "Blue Scarf Gang in Soviet Shows Business Sense; Izvestia Traces Success of Group in Azerbaijan to Its Satisfied Customers". The New York Times.
  16. "KROKODIL COMMENTS ON "ECONOMIC CRIME"; Russia Has 'Socialist Crime,' Too". The New York Times. April 5, 1964. Retrieved November 10, 2022.
  17. "Russian Federation: Death Penalty". Legislationline. Retrieved February 10, 2013.
  18. "Annual Report 1999 – Ukraine". Amnesty International. Archived from the original on November 9, 1999.
  19. International Actors, Democratization and the Rule of Law: Anchoring Democracy?, Routledge, 2008, ISBN 0415492955 (page 196 a.f.)
  20. The Death Penalty: Beyond Abolition, Council of Europe, 2004, ISBN 9287153337 (page 74)
  21. Serial killer Onopriyenko dies in Zhytomyr prison, Interfax-Ukraine (28/08/2013)
  22. "Donetsk Separatists Introduce Death Penalty for Treason". August 18, 2014.
  23. "EU, Council Of Europe Condemns New Executions In Belarus". Radio Free Europe/Radio Liberty. May 31, 2018.
  24. "Belarus: Death Penalty". Legislationline. Retrieved February 10, 2013.
  25. "Uzbekistan: Further information on: Fear of imminent execution/torture and ill-treatment". Amnesty International. April 7, 2005. Retrieved February 10, 2013.
  26. "Presidential Decree on the abolition of the death penalty". Legislationline. August 19, 2005. Archived from the original on October 28, 2007.
  27. "The Death Penalty Worldwide: Developments in 2003". Amnesty International. April 5, 2004. Retrieved February 10, 2013.
  28. "Kazakhstan scraps death penalty after nearly 20-year moratorium". www.aljazeera.com. Retrieved March 20, 2022.
  29. Delaney, Greg (20 July 2009). "Death Penalty is Abolished in Kazakhstan". Kazakhstan Live. Archived from the original on 26 February 2015. Retrieved 10 February 2013.
  30. "Kazakhstan: Towards definitive abolition". Hands Off Cain. 28 March 2011. Archived from the original on 19 March 2012. Retrieved 10 February 2013.
  31. Toleukhanova, Aigerim (November 2, 2016). "Kazakhstan: Almaty Shooter Sentenced to Death" – via EurasiaNet.
  33. "Notification of Ratification". Council of Europe. February 3, 2012. Retrieved February 10, 2013.
  34. "Kyrgyzstan Abolishes Death Penalty". Radio Free Europe/Radio Liberty. June 27, 2007. Retrieved February 10, 2013.
  35. "Abolition of the death penalty by Kyrgyzstan". France Diplomatie. June 28, 2007. Archived from the original on September 30, 2007.
  36. "Tajikistan: Death Penalty". Legislationline. Retrieved February 10, 2013.
  37. "The Death Penalty in Tajikistan". www.deathpenaltyworldwide.org. Retrieved December 7, 2017.
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