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the case of Khamtokhu and Aksenchik v. Russia. It concerns the alleged
discrimination in the possibilities for imposition of life imprisonment on
women, on older men and on children compared to adult men by the
Russian criminal justice system (see text box).44 In the case of Korneykova
and Korneykov v. Ukraine, the ECtHR found several violations of Article 3 of
the Convention on account of the detention conditions, and the treatment
of a mother and her new-born baby. The violations were found because of
the shackling of the mother in the maternity hospital while giving birth,
due to the bad material conditions of detention in the pre-trial detention
centre, in respect of the medical care provided to the baby during his stay
with the mother in the pre-trial detention centre and on account of the
mother’s placement in a metal cage during court hearings.45
ECtHR, Khamtokhu and Aksenchik v. Russia, 2017: The applicants in this
case alleged that, as adult males serving life sentences for a number of
serious criminal offences, they had been discriminated against as compared to other categories of convicts – women, persons under 18 when
their offence had been committed, or over 65 when the verdict had been
delivered – who were exempt from life imprisonment by operation of
the law. The ECtHR found that the justification for the difference in
treatment between the applicants and certain other categories of offenders, namely to promote principles of justice and humanity, had
been legitimate. It was also satisfied that exempting certain categories
of offenders from life imprisonment had been a proportionate means
to achieving those principles. In coming to that conclusion, it bore in
mind the practical operation of life imprisonment in Russia, both as to
the manner of its imposition and to the possibility of subsequent review.
In particular, the life sentences imposed on the applicants themselves
had not been arbitrary or unreasonable and would be reviewed after 25
years. Moreover, the ECtHR also took account of the considerable room
for maneuver given to contracting States to decide on such matters
as penal policy, given the lack of any European consensus on life sentencing apart from as concerned juvenile offenders, who were exempt
from life imprisonment in all Contracting States without exception.
44. ECtHR, Khamtokhu and Aksenchik v. Russia, No. 60367/08, Grand Chamber judgment of 24 January
2017.
45. ECtHR, Korneykova and Korneykov, No. 56660/12, Judgment of 24 March 2016.
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