Hope for resocialization not only after 40 years in prison

EGMR rejects new regulation in Hungary as inhuman punishment
Strasbourg (jur). Offenders with life imprisonment should not be allowed a reprieve until 40 years have passed. This is inhuman and incompatible with the European Convention on Human Rights, the European Court of Human Rights (ECtHR) ruled on Tuesday 4 October 2016 in Strasbourg (Ref .: 37871/14). He thus rejected an already revised new regulation in Hungary as insufficient.

For delinquents with life imprisonment in Hungary, a pardon by the president was the only chance for a dismissal. By judgment of 20 May 2014, the ECtHR had considered this an inhumane punishment (Ref .: 73593/10). For the prisoners it is completely unclear under what conditions they will be pardoned and what they themselves can contribute to their rehabilitation.

Is the placement in a prison inhumane? Image: © Bibi - fotolia

Similarly, the ECtHR had previously decided on Britain after the country had abolished a life sentence of 25 years in 2003 (Judgment and JurAgentur News of 9 July 2013, Ref .: 66069/09, 130/10 and 3896/10).

The 2014 judgment against Hungary had taken legislators there as an opportunity for reform. Thereafter, all life imprisonment will be reviewed after 40 years in prison. Two 2006 and 2010 each convicted of murder offenders filed against the new regulation complaint to the ECtHR.

He was right now. The period of 40 years is too long. The upper limit for a review of life imprisonment is 25 years; The ECtHR had already referred to this in its judgment against Great Britain. For longer periods, prisoners would have no real hope and chance of rehabilitation.

In addition, the Strasbourg judges reprimanded the Hungarian pardon. Admittedly, the commission set up for this purpose has clear criteria on which prisoners can also orient themselves. However, the Commission's recommendations are not binding. The Hungarian president can ultimately decide freely and can also leave this arbitrarily long time with this decision.

In Germany, lifelong prison sentences are usually reviewed after 15 years. If the court has determined a particular severity of the debt, this period is extended, depending on the individual case. mwo / fle