Former Prosecutor General Yuri Skuratov
Photo: Ivan MAKEEV
Former Prosecutor General of the Russian Federation Yuri Skuratov answered questions from KP.RU political commentator Alexander Gamov.
When was the moratorium on the death penalty introduced in Russia?
… – Yuri Ilyich, today is a day of mourning for the victims of Crocus. The discussion resumed in the media both yesterday and the day before yesterday. You know, from time to time the question arises: why did they abolish the death penalty in Russia, if they were not in a hurry?
– Well, first of all I want to say that this discussion has been going on for a long time, since Soviet times. And it should also be noted that supporters of both the abolition and preservation of the death penalty have serious arguments. Therefore, in my opinion, the decisive reason here should be the real crime situation associated with the protection of the rights of the vast majority of the country’s population. And right now, and this is not surprising, the balance is tilted towards the fact that, in my opinion, it is still advisable to introduce the death penalty for a separate and narrow list of crimes (crimes – AG). This is the first one. Second. The death penalty has not been abolished in a legal sense. Because the articles of the Penal Code that provided for the death penalty as punishment are valid, but their effect has simply been suspended.
– So, not active…
– But they really exist in the Penal Code itself, we are talking about a moratorium (or rather, it was underway), about the suspension of its action.
– We remind you how it was. Prehistory…
– All this started with the fact that we signed the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1950. And there is Protocol No. 6, in which, by ratifying the convention, Russia assumed the obligation to comply with this moratorium. But in the course of the current discussion, for some reason they forget that now the federal law of Russia (in my opinion, on February 28, 2023) adopted a law that responded to the corresponding Presidential Decree and ended, in relation to the Federation of Russia. Federation: the validity of the convention itself and the most important parts of the protocol. It is empty?
– Yes, it seems that…
– It is true that, from a legal point of view, an incident occurred there. After all, the convention itself has ceased to be in force, and of all its protocols, for some reason, the sixth protocol has been preserved. It’s just an incident.
Is it possible to lift the moratorium on the death penalty?
-Decipher what it consists of?
– Because if the convention is dead for Russia (at least temporarily), then the protocols cannot retain legal meaning, since they are a derivative of the convention. But our literate people (I can’t find another word), so to speak, have preserved this design.
– So what should we do now?
– In my opinion, the way out of this situation is quite simple. It is necessary by federal law to suspend the application of Protocol No. 6. And then the arguments that the Constitutional Court built (to the effect that the moratorium on the death penalty cannot be abolished. – AG) – they, in general, They will lose their legal meaning.
– Because?
– Because Protocol No. 6 itself is considered invalid on the territory of the Russian Federation. And, apparently, to be sure, the Constitutional Court should already correct this decision accordingly. Therefore, there are legal mechanisms and I think now is the time for legislators to address this issue. Well, Vladimir Vasiliev, head of the United Russia faction in the State Duma, made the corresponding statement. We will wait for concrete steps.
– Let me remind you that Vladimir Vasiliev’s statement is that the Duma will take up this issue.
– They will work on these issues, yes.
– And there will be some legislative initiatives in this regard…
– They will be implemented, probably yes.
– Well, not only Vasiliev, other politicians also speak.
– Yes, the situation has matured, of course. We must respond to public requests. And furthermore, no one has canceled the preventive value of this article. This does not mean that we will start shooting completely, but any terrorist, like these degenerates who committed the most serious crime, must know that he will pay with his life in such situations. There is no other option here.
– How long can the legal procedures take?
– No, not much. Here, I repeat, it is only necessary to cancel the effect of Protocol No. 6 for Russia, make small adjustments to the law and, well, decide. Let the Constitutional Court itself decide on its position if it will make any decision. But it is possible without this decision, since, as they say, there is no fundamental reason why we extended this moratorium. But it is not necessary to modify the articles of the Penal Code; The death penalty is provided there.
– Thank you very much, Yuri Ilyich.
– Yes please.
– Bye bye.
– All the best, Alejandro.
