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Diritto Penale Europeo
Dettaglio Articolo
Life sentence imposed on prisoner which was subject to review 26 years later did not breach the Convention

In today’s Chamber judgment1in the case of Bodein v. France (application no. 40014/10) the European Courtof Human Rights held, unanimously, that there had been:

a- no violation of Article 6 §1 (right to a fair trial) of the European Convention on Human Rights, and

b- no violation of Article 3(prohibition of inhuman or degrading treatment).

The case concerned MrBodein’s sentence to life imprisonment without any possibility of sentencereduction, and the issue of the reasons provided for Assize Court judgments.

The Court concluded that MrBodein had been afforded sufficient guarantees for him to understand hisconviction.

The Court also consideredthat French law provided a facility for reviewing life sentences which wassufficient, in the light of the room for manoeuvre (“margin of appreciation”)left to States in such matters, to conclude that the sentence imposed on MrBodein was reducible – or in other words there was a possibility of reviewingthe sentence – for the purposes of Article 3 of the Convention.

 

   
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