Situation of lifesentenced prisoners
Preliminary remarks
Life sentences
67. In the 11th General Report on
its activities in 2000, the CPT briefly
addressed the issue of life-sentenced
and other long-term prisoners. In
particular, it expressed concern that
such prisoners were often not provided
with appropriate material conditions,
activities and human contact, and that
they were frequently subjected to
special restrictions likely to exacerbate
the deleterious effects of their longterm imprisonment. The Committee
considers that the time is ripe to
review the situation of life-sentenced
prisoners in Europe based upon the
experience it has built up on visits over
the last 15 years and taking also into
consideration developments at the
European and universal levels, notably
Recommendation Rec (2003) 23 of the
Committee of Ministers of the Council of
Europe on the management by prison
administrations of life sentence and
other long-term prisoners.6
68. For the CPT, a life sentence is an
indeterminate sentence imposed by
a court in the immediate aftermath
of a conviction for a criminal offence
which requires the prisoner to be kept
in prison either for the remainder of
his or her natural life or until release
by a judicial, quasi-judicial, executive
or administrative process which
adjudges the prisoner to no longer
present a risk to the public at large. The
minimum period required to be served
before a prisoner may first benefit
from conditional release varies from
country to country, the lowest being
12 years (e.g. Denmark and Finland)
and 15 years (e.g. Austria, Belgium,
Germany, Switzerland) and the highest
being 40 years (e.g. Turkey, in the case
of certain multiple crimes). The majority
of countries imposing life sentences
have a minimum period of between
20 and 30 years. In the United Kingdom
jurisdictions, the minimum period
to be served in prison is determined
at the time of sentence by the trial
judge; the law does not provide for an
absolute minimum period in this regard.
6. See also the European Prison Rules (2006)
and the recently revised United Nations
Standard Minimum Rules on the Treatment
of Prisoners (Nelson Mandela Rules - 2015).
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