European Court of Human Rights

 

 

 

FIFTH SECTION

CASE OF BOLDYREV AND OTHERS v. UKRAINE

(Applications nos. 19957/21and 8 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

6 October 2022

 

 

This judgment is final but it may be subject to editorial revision.

 

In the case of Boldyrev and Others v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

  Lətif Hüseynov, President,
  Lado Chanturia,
  Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 24 February 2022,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.     The case originated in applications against Ukraine lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.

2.     The Ukrainian Government ("the Government") were given notice of the applications.

THE FACTS

3.     The list of applicants and the relevant details of the applications are set out in the appended table.

4.     The applicants complained of the life sentence with no prospect of release.

THE LAW

1. JOINDER OF THE APPLICATIONS

5.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. ALLEGED VIOLATION OF ARTICLE 3 of the Convention

6.     The applicants complained of the life sentence with no prospect of release. They relied, expressly or in substance, on Article 3 of the Convention, which reads as follows:

Article 3

"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

7.     The Court reiterates that the Convention does not prohibit the imposition of a life sentence on those convicted of especially serious crimes, such as murder. Yet to be compatible with Article 3 such a sentence must be reducible de jure and de facto , meaning that there must be both a prospect of release for the prisoner and a possibility of review. The basis of such review must extend to assessing whether there are legitimate penological grounds for the continuing incarceration of the prisoner. These grounds include punishment, deterrence, public protection and rehabilitation. The balance between them is not necessarily static and may shift in the course of a sentence, so that the primary justification for detention at the outset may not be so after a lengthy period of service of sentence. The importance of the ground of rehabilitation is underlined, since it is here that the emphasis of European penal policy now lies, as reflected in the practice of the Contracting States, in the relevant standards adopted by the Council of Europe, and in the relevant international materials (see Vinter and Others v.   the United Kingdom [GC], nos. 66069/09and 2 others, §§   59-81, ECHR 2013 (extracts)).

8.     In the leading case of Petukhov v. Ukraine (no. 2) (no. 41216/13, 12   March 2019) the Court already found a violation in respect of issues similar to those in the present case.

9.     Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. They are therefore admissible and disclose a breach of Article   3 of the Convention.

3. APPLICATION OF ARTICLE   41 OF THE CONVENTION

10.     Article 41 of the Convention provides:

"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

11.     Regard being had to the documents in its possession and to its case - law (see, in particular, Petukhov (no. 2), cited above, §   201) , the Court considers that the finding of a violation constitutes in itself sufficient just satisfaction.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 3 of the Convention concerning the life sentence with no prospect of release;

4. Holds that the finding of a violation constitutes in itself sufficient just satisfaction.

Done in English, and notified in writing on 6 October 2022, pursuant to Rule  
77   §§   2 and   3 of the Rules of Court.

 

  Viktoriya Maradudina   Lətif Hüseynov

  Acting Deputy Registrar   President

 

 

 

APPENDIX

List of applications raising complaints under Article 3 of the Convention

(life sentence with no prospect of release)