CEU Electronic Theses and Dissertations, 2010
Author | Bruszt, Ágnes |
---|---|
Title | RIGHT TO HOPE? LEGAL ANALYSIS OF LIFE IMPRISONMENT WITHOUT PAROLE |
Summary | Life imprisonment without the possibility of release exists in several countries of the Council of Europe. However, serious human rights issues arise, relating to the prohibition of inhuman or degrading treatment or punishment and the right to liberty and security. The paper seeks to assess whether the current practices of actual life imprisonment comply with these requirements. It does so through a comparative analysis of national legislation, based on an original survey conducted by the author. Special attention is given to Hungary, where the possibility of review may be excluded. The presentation of actual practice is followed by the interpretation and critique of the Strasbourg Court’s case law. It is argued that actual life imprisonment may amount to inhuman or degrading treatment or punishment in many ways. Moreover, continued detention may become arbitrary, and the absence of regular review concerning the necessity of detention violates the right to liberty of the detainee. |
Supervisor | McBride, Jeremy |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2010/bruszt_agnes.pdf |
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