–5–
Three main consequences can be drawn from the existing case-law of the Court. The
legislation of member states must henceforth provide for a time during the serving of the sentence
when there will be a possibility to review that sentence. Furthermore, member states must establish
a procedure whereby the sentence will be reviewed. Finally, detention in prison must be organised
in such a way as to enable life-sentenced prisoners to progress towards their rehabilitation.
The basic objectives and principles for the treatment of life-sentenced
prisoners
74.
In the CPT’s view, the objectives and principles for the treatment of life-sentenced prisoners
enunciated by the Committee of Ministers in Recommendation Rec (2003) 23 on the management
by prison administrations of life sentence and other long-term prisoners remains the most pertinent
and comprehensive reference document for this group of prisoners. In summary, these principles
are:
- the individualisation principle: each life sentence must be based on an individual sentence
plan, which is tailored to the needs and risks of the prisoner;
- the normalisation principle: life-sentenced prisoners should, like all prisoners, be subject
only to the restrictions that are necessary for their safe and orderly confinement;
- the responsibility principle: life--sentenced prisoners should be given opportunities to
exercise personal responsibility in daily prison life, including in sentence planning;
- the security and safety principles: a clear distinction should be made between any risks
posed by life-sentenced prisoners to the external community and any risks posed by them to
other prisoners and persons working in or visiting the prison;
- the non-segregation principle: life-sentenced prisoners should not be segregated on the sole
ground of their sentence, but be allowed to associate with other prisoners on the basis of risk
assessments which take into account all relevant factors;
- the progression principle: life-sentenced prisoners should be encouraged and enabled to
move through their sentence to improved conditions and regimes on the basis of their
individual behaviour and co-operation with programmes, staff and other prisoners.
Establishing these principles in practice
75.
Prisons must be safe, secure and ordered, for the sake of all who become involved with
them. Since being locked up, especially for an unknown period, is inherently damaging for almost
all human beings, steps must be taken to minimise the damage. One important method of achieving
this for life--sentenced prisoners is to give them a definite date for the first review for possible
release, and a tailored individual programme which provides a realistic series of interventions for
each prisoner leading towards that date. Of course, this programme will require regular review, but
the objective should always be to engage the prisoner in its development and to provide the prisoner
with staging posts and feedback on performance. As a result, such a programme should ensure that
all life-sentenced prisoners are given the opportunity to address all aspects of their situation before
the date of their first review. This should also entail time spent in less secure conditions, especially
on leave in the community towards the end of the period, to ensure that the risk and needs
management plan will function outside a secure environment. Continuity of care in the community
is crucial to successful re-integration, and a plan for this should be established well before the
release date.