Devising a framework to validate the punishment of life imprisonment

Abstract

Protection against inhuman and degrading punishment is guaranteed by Article 36(1) of the Maltese Constitution, Article 3 of the European Convention on Human Rights and also Article 5 of the Universal Declaration of Human Rights. The European Court of Human Rights (“ECHR”) has enunciated that irreducible life sentences amount to inhuman and degrading punishment, in contravention of Article 3. Both a prospect of release and possibility of review must be catered for in national law. The first chapter analyses the findings of the ECHR in key judgments such as Vinter and Others v. The United Kingdom, Hutchinson v. The United Kingdom and Murray v. The Netherlands amongst others. The second chapter is dedicated to a review of Maltese law and jurisprudence relating to life imprisonment. It is confirmed that the prerogative of mercy and prison leave as found in Maltese law, do not amount to the required prospect of release. In view of this, the legislator has drafted Bill 199 of 2017 which seeks to introduce parole for lifers within the Restorative Justice Act. Although ECHR jurisprudence has signalled that such a prospect of release would satisfy Article 3 requirements, our Constitutional Court has declared otherwise. What is necessary, therefore, is a review mechanism to determine whether life imprisonment remains justified on legitimate penological grounds. The purpose of this dissertation is precisely the creation of that framework. Proposed amendments may be found in the final chapter.