Dożywotnie więzienie na wokandzie trybunału strasburskiego

Dawidziuk, Ewa; Kosyło, Andriy; Niełaczna, Maria

doi:10.31338/uw.9788323542612

Cited by 6 publications

(1 citation statement)

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“…A more extensive statistical analysis-although edited differently, emphasising other problems and considering a shorter period, the years 1962-2017-was included in the published monograph [47].…”

Section: Research Aims Objectives and Methodologiesmentioning

confidence: 99%

Perspective Chapter: Lifers before the European Court of Human Rights

Niełaczna,

Dawidziuk

2023

Global Trends in Law Enforcement - Theory and Practice

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In the chapter, we discuss the current policy of toughening sentences in Poland against the standards of dealing with prisoners, especially those sentenced to life imprisonment. However, the similar tendention is observed in other European countries. Policy regarding prisoner’s treatment should be related to human rights standards. Showing the universality of the international community’s approach as expressed in the recommendations of the Council of Europe gives a new contribution to the knowledge of the development of human rights even in relation to life prisoners. We present a unique study of 241 cases of life-sentenced prisoners that the European Court of Human Rights (ECtHR) decided between 1962 and 2019. This new knowledge concerns the following aspects: a statistical analysis of the problems that the complainants raised before the ECtHR and that, for the most part, constituted violations of the ECHR, the identification of specific problems due to the length of the sentence, the determination of whether the ECtHR applies a double standard due to the diversity of the respondent states, the evolution of the Court’s case law on the complaints of the life prisoners. It turns out that for lifers alone, the ECtHR ‘created’ two new rights.

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Section: Research Aims Objectives and Methodologiesmentioning

confidence: 99%