Life imprisonment is really life imprisonment
The European Court of Human Rights (ECtHR) recently ruled that under certain circumstances a life sentence may violate Article 3 European Convention on Human Rights (ECHR): where there is no right to a judicial review of the sentence and no mechanism to allow this, and where there is no realistic prospect of release, human rights are at stake.
Prisoners serving life sentences in the Netherlands have no chance of release. Life imprisonment here really does mean life imprisonment. Nowhere in Europe is it stricter than in the Netherlands. Together with Forum Levenslang and other experts, PILP has investigated on the basis of European and international standards that oversee detention (circumstances) and jurisprudence what should change about the current rules regarding life imprisonment in the Netherlands.
Unlike in neighboring countries, the life sentence in the Netherlands is not subject to periodic review to see if the sentence is still necessary and legitimate. There is also no possibility of conditional release. The only option to ever be released again is a pardon, but this is almost never granted. Only one since 1986, due to and incurable illness.
This means that there is virtually no prospect of a life outside of detention for life prisoners in the Netherlands. This is worrisome, because research shows that life prisoners suffer greatly from the hopelessness of their sentence and futility of their life, compared to long-sentenced prisoners, who do have the prospect of an end to their sentence.
Following the ECHR ruling, the Secretary of State for Security and Justice has indicated that he will submit a proposal to reform the life sentence regime. The Secretary of State wants judges to continue to apply the life sentence. At the moment, little is known both about the content of the reform proposal, and the time frame within which the reforms must be implemented.
PILP has been working on this dossier together with Prakken d’Oliveira, Forum Lifelong, Public International Law and Policy Group (Law Clinic PILPG) and two working groups of the NJCM. We were in the start-up phase of a lawsuit to the ECHR and we commissioned research on the necessary adjustments to current laws and regulations. In October 2016, the NJCM’s Criminal Law Working Group organized a seminar on the topic.
Because the government is looking at whether the practice can be modified in the Netherlands and there is certainly a chance that the current practice will be modified, PILP is waiting to see this first and we have halted our preparations for a lawsuit.
Research PILPG
The Law Clinic PILPG has published legal memoranda containing an analysis of the reform proposal of the Dutch law and regulations on life imprisonment; a comparison of Dutch, international and European law on the legality of life imprisonment; and an analysis of life imprisonment and rehabilitation, effective remedies and the exhaustion of national remedies in the context of the ECHR.