Search results for "Life imprisonment"
showing 3 items of 3 documents
Life Imprisonment Without Prospect of Release: Comparative Remarks from a Human-Rights Perspective
2019
Life imprisonment without prospect of release is a penalty experiencing remarkable success today, especially in Europe. However, certain human rights bodies have recently begun to assert that this penalty runs counter the so-called ‘right to hope’, derived by way of interpretation from the right not to be subject to inhuman or degrading treatment. The purpose of the present contribution is to shed light on the potential and the limits of such trend by analyzing the case-law of universal (such as the UN system) and regional (the European system, the Inter-American system; the African system) bodies.
Nessuna speranza senza collaborazione per i condannati all’ergastolo ostativo? Un primo commento a Viola c. Italia (n. 2)
2019
The paper deals with a recent judgment delivered by the European Court of Human Rights dealing with the compatibility of the Italian "ergastolo ostativo" (life imprisonment without parole) with Article 3 of the European Convention on Human Rights.
A New Technique for Implementing ECtHR Judgments: Will It Work? The Corte Costituzionale “Urges” the Houses to Reform the Ergastolo Ostativo
2021
In this much-awaited ruling (Order No. 97 of 15 April 2021), the Corte Costituzionale had to decide on the constitutionality of the existing prohibition on release on parole for life prisoners convicted for Mafia-related crimes, in the absence of any cooperation with justice (ergastolo ostativo). This form of life imprisonment without prospect of release had already been deemed in contrast with Article 3 of the European Convention of Human Rights (echr) in the judgment rendered by the Strasbourg Court in Viola v. Italy (No. 2): on that occasion, the ECtHR invoked a legislative reform of the ergastolo ostativo. In the order at hand, the Corte Costituzionale, instead of formally declaring the…