The recent attack at a concert hall just outside Moscow resulted in the death of 139 people last Friday. This tragic event has sparked discussions among some Russians about reinstating capital punishment in Russia to execute the assailants.
Despite having a moratorium on the death penalty for 28 years through presidential action and court rulings, capital punishment still exists in Russia, suspended but not completely abolished.
The possibility of resurrecting the death penalty in Russia is a topic of debate among Russian officials, and the country’s Constitutional Court announced on Tuesday that it would investigate the matter.
Here is an overview of the current status of the issue.
Who is advocating or opposing the death penalty?
Several public figures have called for the execution of the concert hall attackers, identified as militant Islamists from Tajikistan, in Central Asia.
Former Russian President and Prime Minister, Dmitri A. Medvedev, expressed his support for the death penalty in a statement on Telegram on Monday, emphasizing the need to kill those responsible for the attacks.
While calls for capital punishment surface occasionally, especially after terrorist incidents, the level of public support for it remains unclear. There are also prominent figures who oppose such measures.
Lidia Mikheeva, the secretary of the Civic Chamber, described the abolition of the death penalty as a significant achievement in modern Russian history, urging reflection before reverting to barbaric practices.
Where does Putin stand?
The decision on reinstating the death penalty ultimately lies with President Vladimir V. Putin, who has consistently opposed capital punishment in the past.
Despite allegations of involvement in killings, President Putin has maintained his stance against the death penalty. He reiterated his position in 2022, emphasizing that there would be no capital punishment in Russia as long as he had a say in the matter.
In light of the recent discussions following the concert hall tragedy, the Kremlin spokesman, Dmitri S. Peskov, stated that they are not currently participating in the debate.
How did the moratorium start, and how has it continued?
The moratorium on the death penalty in Russia began in 1996 when President Boris N. Yeltsin agreed to suspend capital punishment to meet the standards of the Council of Europe. However, Russia did not fully abolish the practice within the agreed timeframe.
The Constitutional Court intervened in 1999, ruling that the death penalty could not be reinstated until jury trials were implemented nationwide. In 2009, the court upheld the moratorium, citing the expectations of the public after over a decade without executions.
To resume executions, significant changes would be required. The expulsion of Russia from the Council of Europe in 2022 raised questions about the legality of reinstating the death penalty without constitutional amendments.
Despite some politicians suggesting that the moratorium could be lifted without constitutional changes, the head of the Constitutional Court emphasized the importance of continuing the path towards a more humane legislative policy.
