CCPR/C/112/D/1968/2010
4.14 The State party acknowledges that it is possible that the authors may serve the
remainder of their lives in prison if they are not released either on parole or pursuant to the
royal prerogative of mercy. However, this does not render their sentence in violation of the
Covenant. The test is whether realistic avenues for release exist in law and in fact.
4.15 While age must be taken into account in determining whether a particular sentence is
grossly disproportionate or sufficient to give rise to cruel, inhuman or degrading treatment
or punishment, the imposition of a life sentence on a juvenile with limited prospects for
release will not necessarily breach article 7 of the Covenant. The question is whether the
high threshold set for release is appropriate, having regard not only to the age of the
authors, but also the circumstances of the offence, the need for retribution and deterrence
and the need for protection of the community. It is the view of the State party that the
sentences imposed on the authors strike an appropriate balance in that regard.
Claims under article 10, paragraph 3
4.16 The treatment of the authors in prison is consistent with this provision, as they have
benefited substantially from prison programmes and policies, which further their personal
development, encourage social contact with the outside world and provide skills, which
would assist in their reintegration into the community if released. The nature of their
sentences does not deprive their treatment in prison of that rehabilitative character. The
authors have access to the standard services available to other inmates, including welfare,
chaplaincy, psychology and drug and alcohol rehabilitation services. They have access to a
controlled telephone system through which they may contact family and friends, in addition
to agencies such as the Ombudsman of New South Wales and legal aid. They can also
communicate freely via letters, and have visits from family, friends and legal
representatives.
4.17 As indicated by the authors, they have made use of prison programmes and services
and work opportunities, and participated in communal activities and assisting prison
authorities. For instance, Mr. Blessington has participated in courses to improve his literacy
and numeracy and on cooking and kitchen work. He has been employed as a sweeper. He
has also participated in a sex offender programme and drug and alcohol courses. Mr. Elliot
has worked as a librarian and as part of a maintenance crew. He has completed
qualifications in carpentry and joinery, and undertaken studies in advanced building
techniques and information technology. He has participated in drug and alcohol courses and
programmes on conflict resolution, communication skills, art and music.
4.18 Article 10, paragraph 3, of the Covenant is directed at ensuring respect for the
inherent dignity of detained persons, regardless of how soon they may be released from
detention. The high threshold applicable for the release of the authors on parole does not
deprive their treatment in prison of its essentially reformative and rehabilitative character. If
the authors’ sentences were deemed relevant in this respect, the State party submits that it is
permissible for States to weigh the aim of rehabilitation against the legitimate interests of
adequate punishment, public safety and deterrence. That position holds, notwithstanding the
status of the authors as juveniles at the time of their offences.
4.19 The authors’ sentences are consistent with relevant internationally accepted
minimum standards. Thus, rule 17.1 (a) of the United Nations Standard Minimum Rules for
the Administration of Justice (the Beijing Rules), which contains guiding principles on
adjudication and disposition, stipulates that a sentence imposed on a juvenile must be in
proportion not only to “the circumstances and the needs of the juvenile”, but also to “the
circumstances and gravity of the offence” and the “needs of the society”. The commentary
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