Several other countries (e.g. Bulgaria,
Lithuania, Malta, the Netherlands
and, for certain crimes, Hungary, the
Slovak Republic and Turkey) do not
have a system of conditional release in
respect of life-sentenced prisoners, so
that life may literally mean life (see also
paragraph 73). On the other hand, it is
noteworthy that a number of Council of
Europe member states do not have life
sentences on the statute book.7 Instead,
for the most serious crimes they have
long determinate sentences usually
ranging from 20 to 40 years.
History of the concept of life
imprisonment
69. Throughout history, life imprisonment has been intrinsically linked with
the death penalty and has progressively
become an alternative punishment for
the most serious crimes. However, the
initial purpose of this substitution was
not to mitigate the situation of the
convicted person. On the contrary,
the medieval view, which persisted
for many centuries, was that life-long
imprisonment in combination with
hard labour and solitary confinement
would be seen by offenders as a worse
alternative to death. In the same vein,
one of the arguments for the retention
of the death penalty was precisely that
life imprisonment with hard labour was
so severe that it would cause more suffering to the individual concerned and
be more cruel than capital punishment.
From today’s perspective, the view that
persons serving a life sentence (or for
that matter any other sentence) should
7. For example, Andorra, Bosnia and
Herzegovina, Croatia, Montenegro,
Portugal, San Marino, Serbia, Slovenia and
Spain. Further, in practice, life sentences
have never been imposed in Iceland and
Liechtenstein.
General Report of the CPT, 2015 ► Page 34
be additionally punished by the particular severity of conditions in prison
is manifestly unacceptable. However,
such a view is still deeply entrenched in
the public opinion in various European
countries.
The concept of life imprisonment was
introduced in the 1990s in many member states of the Council of Europe following the ratification of Protocol 6 to
the European Convention on Human
Rights abolishing the death penalty.
The last execution in a Council of
Europe member state took place in
1997 and, since 2013, Europe has been
a death-penalty free zone in law (with
the exception of Belarus).8 However, in
many countries it was considered that
the public would support the abolition
of the death penalty only if its replacement was considered sufficiently punitive. Consequently, persons sentenced
to death had their sentences commuted
to life imprisonment but little detailed
planning appears to have been carried
out in relation to the implementation
of the life sentences. At the same time,
over the 25 years of the CPT’s existence,
there has been a marked increase in the
number of life sentences imposed. This
seems mainly to be the result of two
factors, the abolition or suspension of
the death penalty throughout Europe
and sentencing policies across member states in respect of serious crimes.
The latest available statistics9 show
that there were a total of some 27,000
life-sentenced prisoners in Council
of Europe member states in 2014. On
the basis of a sample of 22 countries
in respect of which relevant data are
available for a longer period, the num8. A moratorium has been introduced in the
Russian Federation.
9. Council of Europe Annual Penal Statistics
(SPACE) 2004.8 and 2014.7.
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