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Kafkaris v. Cyprus

European Court of Human Rights.  12 February 2008 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Applicant serving mandatory sentence of life imprisonment in Cyprus — Meaning of life imprisonment — Whether Cyprus violating Article 3 of European Convention on Human Rights, 1950 — Whether life sentence compatible with Convention — Whether life sentence irreducible — Whether applicant deprived of any prospect of release — System of sentence review and release arrangements — Standards prevailing amongst Council of Europe Member States — Whether applicant’s continued detention constituting inhuman or degrading treatment — Requirement of minimum level of severity of ill-treatment — Whether suffering exceeding that inevitable in form of legitimate punishment — European Convention on Human Rights, 1950, Article 3

Human rights — Right to liberty and security of person — Applicant serving mandatory sentence of life imprisonment in Cyprus — Whether Cyprus violating Article 5(1)(a) of European Convention on Human Rights, 1950 — Whether continuing detention of applicant after 2 November 2002 justified — Whether applicant’s complaint under Article 5(4) of Convention falling within scope of examination — European Convention on Human Rights, 1950, Article 5

Human rights — No punishment without law — Applicant serving mandatory sentence of life imprisonment in Cyprus — Whether Cyprus violating Article 7 of European Convention on Human Rights, 1950 — Whether violation with regard to quality of law applicable at material time — Rule of law — Meaning of law in Article 7 — Concept of penalty — Criminal law applicable at material time — Whether sufficiently precise — Meaning of life imprisonment — Criminal Code providing that life imprisonment amounting to imprisonment for remainder of life — Prisoner Regulations providing for release after twenty years — Prisoner law repealing Prison Regulations — Whether violation with regard to retrospective imposition of heavier penalty with regard to sentence and changes in prisoner law — Criminal Code — Penalty of life sentence — Prison law repealing Prison Regulations — Whether imposition of heavier penalty on applicant than that applicable at time of commission of offence — European Convention on Human Rights, 1950, Article 7

Human rights — Prohibition of discrimination — Applicant serving mandatory sentence of life imprisonment in Cyprus — Whether Cyprus violating Article 14 of European Convention on Human Rights, 1950 — Differences of treatment — When discriminatory — Whether difference of treatment between applicant and other life prisoners released since 1993 discriminatory — Whether treatment between applicant and other prisoners under prison law discriminatory — European Convention on Human Rights, 1950, Article 14

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2014

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