სამუდამო პატიმრობა, როგორც ადამიანის უფლებათა ევროპული კონვენციის მე-3 მუხლის შესაძლო დარღვევა

Abstract

This article aimed to explore the relationship between life imprisonment and human rights concerning inhuman or degrading treatment or punishment. It had two major purposes: (1) to investigate whether life imprisonment, especially life imprisonment without the possibility of parole, can be seen as having inhuman or degrading nature (2) to demonstrate the potential cases where the crucial factors concerning the existence of inhuman or degrading nature are shown.
The article provided an overview of Article 3 of the European Convention of Human Rights and relevant case law. The case of Vinter and Others v. the United Kingdom demonstrated that life imprisonment can violate Article 3 of the convention. It is important to consider two important topics with regard to this case: 1) the life sentence could not be considered just punishment as it provided the prisoner with no opportunity for atonement; 2) such sentences were incompatible with the respect for human dignity of individuals, as forcibly depriving the prisoner of his freedom without providing hope of ever regaining it leaves the prisoner in a constant state of anxiety.