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I'm Maxim Polyakov, a correspondent for the online magazine ‘7x7’.

The terrorist attack on Crocus City Hall near Moscow, which resulted in more than 140 deaths, sparked a wave of discussions on lifting the moratorium on the use of the death penalty. Deputy Chairman of the Security Council of Russia, Dmitry Medvedev, wrote that force must be countered with force and that civilian deaths must be met with executions of terrorists and repression against their families. Similar statements followed from certain deputies, officials, and ordinary Russians. In this newsletter, I will delve into the likelihood of reinstating the death penalty in Russia in the near future (spoiler alert: it nears zero).

Estimated reading time: 6 minutes

When Russia Stopped Using the Death Penalty

The death penalty, one of the oldest forms of punishment, was applied as the highest punitive measure for the most serious crimes for an extended period of time. After the collapse of the Soviet Union, its usage became much less frequent. The last such sentence was carried out in 1996. Formally, the possibility of applying the death penalty still exists, as this punitive measure is outlined in Article 59 of the Criminal Code. The current version of the Criminal Code considers crimes that carry a punishment of at least 10 years' imprisonment as especially serious ones.

In 1996, the Russian Federation joined the Council of Europe. The state undertook an obligation to introduce a moratorium on the use of the death penalty and abolish it within three years in accordance with Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed by President Boris Yeltsin. However, the State Duma did not ratify this protocol. Russia withdrew from the Council of Europe after the beginning of the full-scale invasion of Ukraine.

No executions have occurred in Russia since 1996. In 1999, the Constitutional Court of the Russian Federation imposed a moratorium on the death penalty because not all regions had jury trials in place, and their existence was a prerequisite. In 2010, the Constitutional Court extended the moratorium until Protocol No. 6 is ratified.

What Russian Officials Previously Said about the Death Penalty

Discussions about the potential reinstatement of the death penalty in Russia often arise following high-profile crimes, such as those related to terrorism or paedophilia. Another catalyst for these discussions has been the onset of the war in Ukraine.

For instance, just two days after the invasion, Dmitry Medvedev responded to the country's withdrawal from the Council of Europe, stating: "This is a great opportunity to reintroduce certain institutions aimed at preventing particularly heinous crimes in the country. Such as the death penalty for the most dangerous criminals, a measure actively used in the USA and China."

Authorities resumed discussions regarding the potential reinstatement of the death penalty in May 2022, amid the trial of members of the Ukrainian Azov Battalion. Leonid Slutsky, a State Duma deputy for the Liberal Democratic Party of Russia, proposed "making an exception to the moratorium on the use of the death penalty in Russia."

Vyacheslav Volodin, a State Duma spokesperson, advocated for maintaining the death penalty in the legislation of the self-proclaimed Donetsk People's Republic, prior to its annexation by Russia. Volodin argued that "the death penalty is a punitive measure well-deserved by these Nazi [Ukraine Armed Forces]."

Representatives of territories unrecognized by the UN have frequently discussed the reinstatement of the death penalty. However, in January 2023, Senator Andrey Klishas stated that martial law cannot serve as justification for such measures. Martial law in the Donetsk and Luhansk People’s Republic, as well as parts of Zaporizhzhia and Kherson Oblast controlled by the Russian army, was cited as one of the arguments for the reintroduction of the most severe punitive measure.

Sociologists have observed an increase in Russian citizens' approval of the death penalty in recent years. According to the Levada Center, in 2015, 31% of Russians supported the reinstatement of this punitive measure, a figure that had risen to 41% by 2019.

Will the Russian Authorities Be Able to Implement Executions

After the terrorist attack on Crocus City Hall, Vladimir Vasilyev, the head of the United Russia faction in the State Duma, emerged as the most vocal advocate for lifting the moratorium on the death penalty. He stated that “this subject would, of course, be profoundly, professionally, and thoroughly studied,” and that parliament members would “make a decision corresponding to public sentiment and expectations.”

Although Russia withdrew from the Council of Europe without ratifying Protocol No. 6, which presupposes the abolition of the death penalty, reinstating this institution in Russia would be complicated, according to Sergey Babinets, the head of the Crew Against Torture. The main obstacle for supporters of the most severe punitive measure is the Constitutional Court's moratorium, which can only be annulled through the adoption of a new Constitution.

“The moratorium, introduced by the Constitutional Court, cannot be revised by the Federal Assembly, as it happened in 2020 when the Constitution was amended. This moratorium concerns the right to life, which is one of the fundamental human and civil rights and freedoms outlined in the second chapter of the Constitution. Any changes to this chapter can only occur through the adoption of a new Constitution. Doing so would be quite complicated at this time. The introduction of the amendments in 2020 demanded a lot of resources, and the creation of a completely new law is a very challenging task,” explained the expert.

Senator Andrey Klishas agrees that neither the State Duma nor the Federal Assembly are able to "overcome the decisions of the Constitutional Court" currently. Pavel Krasheninnikov, a member of the State Duma Committee on State Construction and Legislation, believes that the “question of punishing” terrorists, despite its importance, is not “the primary concern of the state,” and that the authorities should focus on preventing similar tragedies in the future.

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