Kazakhstan's New Constitution Entrenches Absolute Death Penalty Ban
Kazakhstan's recently ratified constitution explicitly prohibits capital punishment, citing the inviolability of human dignity.
Key points
- Kazakhstan's new constitution explicitly prohibits the death penalty, declaring the right to life inalienable.
- The ban follows a 2022 constitutional amendment and the 2021 removal of capital punishment from the Criminal Code.
- The constitutional overhaul, approved by 87.15% of voters, also restructures the parliament and creates a new advisory council.
Kazakhstan has formally embedded a permanent prohibition on the death penalty into its new constitutional framework. The updated text, which entered into force in July 2026, explicitly declares that the right to life is inalienable and that capital punishment is prohibited without exception.
This constitutional reaffirmation follows a nearly two-decade process of legal reform, culminating in the removal of all references to capital punishment from the country's criminal code. The move solidifies Kazakhstan's status as a jurisdiction where no executions are carried out, regardless of the severity of the alleged crime.
Constitutional Language on Human Dignity
According to reporting by Agenzia Fides, the new constitution elevates human dignity to the status of a supreme state value. Article 17 specifically states that the right to life is an inalienable right of every person, directly preceding the clause that bans the death penalty.
Fr. Gabriel Jocher, the National Director of the Pontifical Mission Societies in Kazakhstan, noted that this language aligns with Christian principles regarding the sanctity of life. He emphasized that while justice and accountability remain fundamental, the state's commitment to human dignity precludes the use of execution as a penalty.
Decades of Incremental Legal Reform
The current ban is the result of a stepwise legal evolution rather than a sudden policy shift. The process began with a moratorium in 2003 and accelerated after Kazakhstan ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights in 2021.
In late 2021, parliamentary legislation removed capital punishment from the Criminal Code, including provisions related to wartime offenses. A subsequent referendum in 2022 amended the previous constitution to explicitly state that the death penalty is prohibited, setting the stage for its inclusion in the 2026 text.
Broader Structural Government Reforms
The death penalty ban is one component of a comprehensive constitutional overhaul approved by 87.15% of voters. President Kassym-Jomart Tokayev's initiative restructured the government, including the abolition of the Senate to create a unicameral parliament and the reinstatement of the Vice-President office.
The new framework also establishes a 'People's Council' with legislative proposal powers and introduces chapters dedicated to digital data privacy and religious freedom. Analysts suggest these changes aim to modernize the state's administrative and legal architecture while reinforcing civil liberties.
