Life Imprisonment Research Articles

The Role of the Constitutional Complaint Institute in the Reform of Life Imprisonment in Ukraine

The author explores the place and significance of the constitutional complaint institution in implementing international standards related to life imprisonment in the national legal system. Recently, following the development of these standards in international human rights law, the European Court of Human Rights declared that the absence of a predictable and transparent mechanism for reducing life imprisonment in Ukraine violates human dignity and contradicts Article 3 of the European Convention on Human Rights. In alignment with this perspective, in 2020, the Constitutional Court of Ukraine deemed unconstitutional provisions that prohibited parole from life imprisonment. The constitutional complaint served as a tool for Ukrainian authorities to advance the life imprisonment reform. Apart from the constitutional complaint, no other mechanism has made such a powerful influence in this process. Consequently, it is necessary to analyze the constitutional proceedings that preceded the decision and the ratio decidendi within the same decision.The paper outlines aspects of the national model of the institution of life imprisonment and international standards governing this penalty. Discrepancies in these systems are identified, and the author investigates constitutional complaints filed in response to these disparities, along with the relevant constitutional proceedings. Subsequently, the author places significant emphasis on the decision of the Constitutional Court of Ukraine resulting from the consideration of the aforementioned complaints. In the author’s opinion, this decision acted as the driving force behind the continued reform of life imprisonment. The work also briefly outlines the prospects and challenges of life imprisonment reform, implemented even under martial law conditions.

Męczeństwo Sługi Bożego Jánosa Esterházyego i tego dzisiejsza interpretacja

The text discusses the fate of János Esterházy, an aristocrat and activist of the Hungarian minority in Czechoslovakia. Arrested in 1945 and deported to the Soviet Union, he returned to Czechoslovakia in 1949. Pardoned from the death sentence, he spent the rest of his life in prison, where he died of exhaustion in 1957. The essential part of his life (?) is his deep inner spiritual transformation, which took place in the most difficult period of his life. It led to the search for the meaning of suffering in the cross of Christ. Its fruit was a steadfast attitude of forgiveness and reconciliation in the spirit of mercy, confirmed by numerous accounts.

Смягчающие ответственность обстоятельства в уголовном праве: некоторые проблемные вопросы

In the doctrine of criminal law, there has not been an equable understanding of circumstances mitigating punishment, their legal nature, and functional purpose. The author believes that the current name of a mitigating situation in the Criminal Code of the Russian Federation as a situation mitigating only punishment does not reflect its purpose, since these situations are taken into account by the court when choosing other forms of criminal liability. The conclusion about the need to designate these circumstances as circumstances mitigating criminal liability is substantiated. The following definitions are proposed: "Circumstances that reduce criminal liability are factors that reduce the degree of public danger of a crime and (or) the identity of the perpetrator and, thus, affect the mitigation of responsibility by differentiating or individualizing it, or the impact on criminal liability is due to humanistic considerations". The author believes that circumstances mitigating punishment are provided both as elements of a crime and as circumstances outside the scope of the crime provided for in the list of mitigating circumstances (Article 61 of the Criminal Code of the Russian Federation). What both of these groups of mitigating circumstances have in common is that they influence liability in the direction of mitigating it. However, the functional significance of the circumstances provided for in specific crimes and those outside the crimes is different. Mitigation of the situation, which is provided as a sign of a crime, is a means of delineating criminal liability, and the most common form of its implementation is criminal punishment. The functional purpose of mitigating the consequences of situations that go beyond the derivatives of the element of crime is to facilitate the individualization of punishment for the person who committed the crime. The theory of criminal law vaguely evaluates the rules of sentencing, which are included in article 62 of the Criminal Code of the Russian Federation, in the presence of certain mitigating circumstances. The article criticizes the position of researchers who believe that the mitigation of punishment provided for in Article 62 of the Criminal Code of the Russian Federation has not been carried out sufficiently. The author considers inappropriate to extend the norm of part 1 of Article 62 of the Criminal Code of the Russian Federation to all circumstances of mitigating and exclude an indication of the absence of aggravating circumstances. The author believes that the prescription of part 4 of Article 62 of the Criminal Code of the Russian Federation, regulating the imposition of punishment in the presence of pre-trial cooperation agreements, does not correspond to the nature and degree of public danger of the crime, in which the punishment in the form of death penalty and life imprisonment are unjustifiably lenient. In the author's opinion, it would be sufficient to prohibit the use of the death penalty and life imprisonment in the presence of pre-trial cooperation agreements. Excessive liberalization of special rules aimed at mitigating punishment contradicts the principle of sentencing and the goals facing criminal punishment.

O COTIDIANO DO CÁRCERE – UMA FABRICA DE EXPECTATIVA

The work aims to discuss daily life in prison and highlight how incarceration is much more than removing individuals who commit crimes from social life. A parallel dimension to society, where the individual excluded from their environment serves their sentence in prisons and must return “recovered”. However, there is a shock and a gap between this restorative proposal and reality. The prison is a mix of unhealthy and degenerate appearance. The concrete of the walls and the iron of the bars and gates merge and outline a cold space, without any mention of having been built for recovery, just removal. Based on the concepts of Foulcaut (1996) who describes the process of institutionalization as being the basis of prisons. Insert the individual into a daily routine of rules and discipline so that he or she can be recovered and readapted to the mold of normality. We point out the process of institutionalization as the stripping away of the individual's characteristics to put on a new one that corresponds to an ideal of society, a series of losses of identity, seeking the conformation of a “docile body”. The intention of this article is to awaken interest not only in the knowledge of what is truly behind bars and to think about another punitive system, which really meets social security, resocializing, not just closing padlocks and returning recovered men to society and not angry and without prospects who will look to crime as a way to survive, soon turning marginality into true social chaos

Life Imprisonment in Canada: Is The "Hope" Lost?

Life Imprisonment in Canada: Is The "Hope" Lost?

Resizing Sykes: Ian O’Donnell in conversation with David Skarbek

Ian O’Donnell's latest book, Prison Life: Pain, Resistance, and Purpose, is published by New York University Press. It was welcomed by a review symposium in The Prison Journal as ‘an important new book … a catalyst for energizing sociology of punishment scholarship’ written by ‘the indisputable elder of Irish criminology’ (Gido et al., 2023: 160). Contributors to the symposium described ‘a tour de force’ (Kimmett Edgar) and ‘an impressive contribution’ (Ashley Rubin) that is ‘elegantly written and sophisticated’ (Cormac Behan) and ‘raises critical questions about penal variations in legitimacy, order, and the experience of punishment’ (Bethany Schmidt). It was hailed as ‘a fine book that illuminates essential relational dimensions of human dignity … an outstanding work from a mature and sensitive scholar who understands the complexities and rewards of writing about prisons’ (Derek Jeffreys) and ‘a gem in contemporary penological literature’ (Gorazd Mesko). The editors of Incarceration decided to mark the publication of Prison Life by commissioning a dialogue between its author and David Skarbek, a professor at Brown University who has written extensively about prison governance.

DAILY LIFE OF JAPANESE PRISONERS OF WAR IN KAZAKHSTAN USING THE EXAMPLE OF SPASSK CAMP

The article examines the life of Ahiko Tetsuro, a soldier of the Imperial Japanese Army, arrested in Kazakhstan as a result of World War II and remaining in Kazakhstan after his release, the conditions of his arrest, the nature of life in Kazakhstan. The camp is considered from the inside, from the point of view of Ahiko Tetsuro. In addition, the memoirs and interviews of Ahiko Tetsuro are a valuable source of information about the internment conditions in the Spassky camp, the fates of other Japanese, daily life in the camp, the level of equipment. Highlighting the life and experiences of Ahiko Tetsuro, the quality of life of prisoners accepted for free work in the Spassky camp, the daily routine in the camp, provision of necessary things, the amount of food, the nature of forced labor, and other aspects of camp life emerged anew. Not only about the situation in the Spassky camp, but also about the return of prisoners of war, especially Japanese, the consequences of the arrest, how Ahiko Tetsuro was captured and how his life continued after his release. Information about the historical period under consideration was obtained from the memoirs of Ahiko Tetsuro using methods of everyday research and historical hermeneutics.

Rethinking Life Imprisonment in Light of Justus Ndung’u Ndung’u v. Republic and Julius Kitsao Manyeso v. Republic

Rethinking Life Imprisonment in Light of Justus Ndung’u Ndung’u v. Republic and Julius Kitsao Manyeso v. Republic

Rethinking Life Imprisonment in Light of Justus Ndung’u Ndung’u v. Republic and Julius Kitsao Manyeso v. Republic

Rethinking Life Imprisonment in Light of Justus Ndung’u Ndung’u v. Republic and Julius Kitsao Manyeso v. Republic

'Dangerous' and 'Devious': Exploring judicial rationales when imposing discretionary sentences of life imprisonment.

'Dangerous' and 'Devious': Exploring judicial rationales when imposing discretionary sentences of life imprisonment.

Departments and treatment groups at penitentiary facilities in Serbia and evaluation of prison life quality

Departments and treatment groups at penitentiary facilities in Serbia and evaluation of prison life quality

Previous prison experience and evaluation of the quality of prison life

In the paper, the authors analyse the relationship between the prison social climate and recidivism, that is, they connect the data obtained by measuring the quality of prison life (MQPL) with the dimension of previous prison experience. The paper examines the hypothesis that on some/ certain aspects there will be differences in the perception of the prison social climate depending on whether the respondents are in prison for the first time, or they have already had prison experience. The main goal of the paper is to examine whether there are differences between persons who have previously served a prison sentence and those who have not, with regards to the perception of the quality of prison life. The research was carried out in the course of 2022, on a sample of 578 convicted adults, who are serving a prison sentence in Sremska Mitrovica Prison, Požarevac - Zabela Prison, Niš Prison, Belgrade Prison and Požarevac Prison for Women. Descriptive statistics and t-test were used in the paper. The most important results show that there are significant differences regarding the assessment of the quality of prison life in the following categories: Harmony Dimensions, Professionalism Dimensions and Wellbeing and Development Dimensions, and that each of those three categories is statistically significantly better rated by those who are not penological returnees. When it comes to the general assessment of the quality of prison life, the results showed that there are no significant differences between persons who have previously served a prison sentence and those who have not.

The Dealing with “dangerous” life-sentence inmates around the world and in Poland: Theoretical and practical problems

Perpetrators of murder sentenced to life imprisonment are usually considered dangerous because of the crime they committed. The prison administration classifies many of them as “dangerous” prisoners and places them under higher security, in line with “supermax prisons”. This is an interesting research topic since supermax conditions raise legitimate controversies, not only among researchers. The article presents an analysis of previous research on prisoners placed in supermaxes, the practice of dealing with dangerous prisoners in Poland and the results of research conducted on a group of 98 life-sentence prisoners classified as dangerous between 1995 and 2014.

The translation of humanity into prison design: How do the new, standardised “Model 2015” prison buildings meet normative demands in Norwegian crime policy?

Prison architecture reflects the ideas and values of a penal policy, providing insights into punishment philosophies. In Norway, normalisation, resettlement and dynamic security norms have shaped correctional care. Based on a mixed method study, this article examines how these norms are translated into “Model 2015” prisons. Despite spaces for positive prisoner relationships, the design faces challenges in escaping pervasive systems of control and discipline. Architectural boundaries obstruct dynamic security and impede the staff’s involvement in resettlement. Inadequate facilities for prisoner progression and daytime activities further undermines these processes. While some architectural and technological initiatives aimed at normalising prison life have proved successful, they tend to normalise not only the prison environment, but also the prisoners. The study demonstrates architecture’s critical role in realising humane prison conditions and emphasises the need for humane design.

I. SALAKHOV – FATE AND LITERATURE

The article explores the novel "Tragedy of Kolyma" (Kolima kasireti), providing profound insights into the personality of Ibrahim Salakhov. It investigates the promotion of creative works by Tatar-Bashkir intellectuals such as Galymzhan Ibragimov and Majit Ghafuri among the general populace. Ibrahim Salakhov's personage is characterized by critical realism, a literary trend that is evident in the novel. The narrative delves into real events that transpired in the life of the writer, showcasing the influence of social conditions on human behavior. The article analyzes Ibrahim Salakhov's novel "Tragedy of Kolyma”. The objective is to uncover the multifaceted layers of the narrative, shedding light on the author's perspective on the prison environment. A particular emphasis is placed on portraying the distinct lexicon prevalent in the prison setting and illustrating the relentless conflicts between inmates and their custodians. The article strives to provide readers with a nuanced comprehension of the variances in prison life through authentic situations depicted in Salakhov's literary work. The narrative extends to the historical mistreatment and persecution faced by eminent Kazakh and Tatar writers, including figures such as Galymzhan Ibragimov and Kawi Najmi. The article observes the incorporation of memoiristic elements in Salakhov's work shifting focus towards the transformative and innovative personality of Galymzhan Ibragimov, a forward-thinking intellectual of his era. Noteworthy is the frequent use of artistic literary devices such as narratives, digressions, and monologues, which further enrich the narrative style of Salakhov's literary works. Key words: memoir, epistolar heritage, enemy of the people, critical realism.

Media Portrayals of Prison Life and Criminal Justice: A Narrative Literature Review on Shaping Public Perceptions and Policy Implications

The media plays a powerful role in shaping public perceptions of prisons, prisoners, and the criminal justice system, which are often negative and influenced by various factors, emphasising the importance of critically assessing these portrayals for a more nuanced understanding. This narrative review summarises and analyses existing literature on diverse depictions of prison life across different media. A comprehensive literature search resulted in 33 studies covering the years 1993–2023. Using content analysis, four themes exploring prison portrayals and public perceptions were identified: 1) discrepancies between media and reality of prison experiences; 2) specificities of public perceptions, including media representations; 3) media influence on public attitudes and beliefs regarding incarceration, rehabilitation, and punitive measures within the criminal justice system; and 4) impact on criminal justice policies and policy reforms. In conclusion, media representations of prisons, prisoners, and the criminal justice system significantly impact public attitudes by often sensationalising and perpetuating negative stereotypes, which, in turn, influences legal processes and policymakers’ decisions, underscoring the need for more balanced depictions to foster informed discussions and challenge biases.

Penghapusan Hukuman Mati Pada Sistem Peradilan Pidana Di Indonesia Atas Lahirnya UU No 1 Tahun 2023 Tentang KUHP

Indonesia is a country that acknowledges the existence of Human Rights, but this does not lead to the abolishment of the death penalty in its positive law. Both the old and new Criminal Codes (KUHP) still regulate the death penalty, albeit in different concepts. This research aims to identify the differences between the death penalty in the old and new Criminal Codes and to understand and analyze the death penalty in the new Criminal Code from a human rights perspective. The research employs a normative juridical method. The findings indicate that the death penalty in the new Criminal Code is no longer the primary punishment as in old Criminal Codes and has been replaced with an alternative penalty. Under the new Criminal Code, those sentenced to death will undergo a probationary period of 10 (ten) years, and if they demonstrate good behavior during this period, the death penalty will be commuted to life imprisonment or imprisonment for 20 (twenty) years. This change is motivated by the perception that the death penalty constitutes a violation of human rights.

A place for public concerns in parole decision making in Japan

AbstractIn recent years, parole decision makers have grappled with an intensifying challenge in addressing public concerns. While discussions on the rise of ‘parole populism’ have emerged, especially in Canada, the United States, Australia and England and Wales, little is known about the way public concerns influence parole release in Japan. This article engages in legal‐systematic analysis of the intricate relationship between public concerns and Japanese parole decision making in general and release from life imprisonment in particular. The article argues that, while Japanese selective parole decision making considering public concerns in secrecy may have partially contributed to political rhetoric encouraging parole, it also poses unique challenges distinct from those in Anglophone jurisdictions. It reveals the value of fostering a transparent and accountable parole decision‐making system to promote a more balanced and fairer approach to parole in the Japanese context.

PERLINDUNGAN HUKUM TERHADAP ANAK PELAKU TERORISME DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

Children of terrorism cannot be considered as perpetrators of crimes, but victims of crime, victims of terrorism networks, victims of doctrine, exploitation of thoughts, propaganda from parents or adults around them so they must be protected specifically. Children like this should not be imprisoned, but must be educated, given counseling, rehabilitated and social assistance. Judging from the Law on the Juvenile Criminal Justice System, the imposition of death penalty and life imprisonment does not apply to perpetrators of criminal acts of terrorism who are under 18 years of age or who are still classified as children. The state is also obliged to provide special protection for children who commit acts of terrorism. As for the legal arrangements for child perpetrators of terrorism from the perspective of human rights in Indonesia, it is regulated in several national regulations.
 
 Keywords: child of terrorism, human rights

Pravo na povahu do pryvatnoho i simeinoho zhyttia dlia zasudzhenykh do dovichnoho pozbavlennia voli u svitli praktyky Yevropeiskoho sudu z prav liudyny shchodo Ukrainy: stan doslidzhennia problemy v ukrainskii naukovii literaturi

Guaranteed by the Constitution of Ukraine and Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the right to respect for private and family life for those sentenced to life imprisonment, in terms of its implementation and scope, differs from this right for free individuals. But it is undeniable that those sentenced to life imprisonment are not deprived of this right in full. This is consistently emphasized in its practice by the European Court of Human Rights. In addition to private and family life being a natural need of every individual, its realization, particularly in forms such as maintaining and supporting connections with the outside world, is a means of re-socialization for individuals undergoing punishment in the form of life imprisonment. The benchmark for the development of Ukrainian legislation and law enforcement practice is the practice of the European Court of Human Rights. Therefore, the legal positions of the European Court of Human Rights regarding the right to respect for private and family life for those sentenced to life imprisonment should be studied and generalized. The precondition for the further development of any scientific direction is the comprehension of what has already been done by previous researchers. The conducted research has shown that Ukrainian scientific literature has addressed the legal positions of the European Court of Human Rights regarding various aspects of the right to respect for the private and family life of prisoners, broadly understood (including those in custody, sentenced to a certain term of imprisonment, and those sentenced to life imprisonment): 1) the conclusion that the restriction of the right to respect for private and family life for persons deprived of liberty, provided it is lawful, is not incompatible with the Convention; 2) the conditions/criteria for the legality of such restriction, implemented by national authorities; 3) the systematic identification of the main types of violations of the right to respect for family life recorded in the decisions of the European Court of Human Rights regarding convicted persons and persons in custody; 4) special protection of correspondence between an inmate and their lawyer; 5) differentiation of the spheres of application of Article 8 with other articles of the Convention, primarily Article 3; 6) determination of the main trend in the practice of the European Court of Human Rights «in the penitentiary sphere and in the criminal justice system as a whole,» which consists of constantly raising the standards of human rights by the Court; 7) ignoring the need for an individual approach in applying restrictions on the rights of persons deprived of liberty. The analysis of the existing body of scientific literature shows that existing studies are mainly based on the analysis of the European Court of Human Rights practice regarding foreign states and, with one exception, do not distinguish the legal status of those sentenced to life imprisonment among other deprived individuals. Since the publication of the analyzed monographs, 9–10 years have passed. During this time, the European Court of Human Rights has developed a significant body of practice regarding Ukraine, taking into account the Ukrainian context. Therefore, the analysis of the European Court of Human Rights decisions specifically regarding Ukraine should be a priority. Additionally, they should be analyzed in full. Such an analysis will allow, in conjunction with demonstrating the Convention’s standards regarding the right of those sentenced to life imprisonment to respect for their private and family life, to show the systematic and partial problems in this area identified by the European Court of Human Rights in its practice regarding Ukraine.