Astana – Kazakhstan is a country where no one is put to death and where the inalienable dignity of every human being is upheld. This is enshrined in Kazakhstan’s new Constitution, approved by referendum on 15 March 2026 and which entered into force on 1 July 2026.
The transition to the new constitutional text has firmly consolidated decisions taken in previous years, definitively confirming the absolute ban on the death penalty.
Speaking to Fides, Fr. Gabriel Jocher, an Austrian priest of the Congregation of the Servants of Jesus and Mary and National Director of the Pontifical Mission Societies in Kazakhstan, said: “Kazakhstan has once again explicitly confirmed the ban on the death penalty. From a Christian perspective, this is a reason for joy. Human dignity is not lessened even when a person has committed a serious crime. At the same time, respect for human life does not mean turning a blind eye to unlawful acts: justice, accountability and the protection of society remain fundamental.”
The priest continued: “Article 1 of the Constitution defines the human being, human life, rights and freedoms as the supreme values of the State. Article 17 establishes that ‘the right to life is an inalienable and inviolable right of every person’. It then states clearly: ‘The death penalty is prohibited.’”
“This ban,” the missionary recalled, “is not new; it was already provided for in the previous Constitution. By reaffirming it, Kazakhstan has reiterated its constitutional commitment to safeguarding life and human dignity. We can be grateful for this decision and for those who supported it at the state level.”
Kazakhstan had already abolished the death penalty in June 2022, when capital punishment was removed from the Constitution. The process leading to abolition lasted almost twenty years and proceeded through several key steps: the introduction of a moratorium in 2003; the ratification in 2021 of the Second Optional Protocol to the International Covenant on Civil and Political Rights ; and the adoption of parliamentary legislation in December 2021 removing capital punishment from all provisions of the Criminal Code, including the exceptions previously applicable to crimes committed in wartime. Finally, a constitutional referendum in June 2022 amended Article 15 of the Constitution by introducing the wording: “The death penalty is prohibited.”
The drafting of Kazakhstan’s new Constitution in 2026 involved a substantial revision of the previous constitutional framework. The new Constitution, approved by 87.15% of voters, is intended to set out the guiding principles of the “New Kazakhstan”, while strengthening fundamental civil rights.
In reshaping the sections concerning human rights and the organization of the State, the Constitutional Commission retained certain provisions, including the principle of the complete prohibition of the death penalty, which was incorporated directly into the framework of fundamental human rights. There have been no rollbacks on the ban on the death penalty, not even for offences relating to terrorism or military crimes.
The abolition of the death penalty is only one element of the constitutional overhaul promoted by President Kassym-Jomart Tokayev. The new text introduces major reforms, including a reform of Parliament, which has become a unicameral body following the complete abolition of the Senate. The office of Vice-President of the Republic, abolished in 1996, has also been reinstated. In addition, a new presidentially appointed body, the “People’s Council”, has been established, with the power to propose legislation and call future referendums.
The text also includes new chapters aimed at protecting citizens’ privacy and digital data, together with a redefinition of religious freedom.
Leave a Reply
You must be logged in to post a comment.