Onder 2.5. Hoge Raad 5 juli 2016

108. For a State to comply with its obligations under Article 3 of the Convention in respect of life prisoners belonging to this category, the Court considers that it is firstly required that an assessment be made of those prisoners' needs as regards treatment with a view to facilitating their rehabilitation and reducing the risk of their reoffending. This assessment should also address the likely chances of success of any identified forms of treatment, given that Article 3 cannot entail an obligation for a State to enable a life prisoner to receive treatment that is not realistically expected to have any significant impact in helping the life prisoner to rehabilitate himself or herself. For this reason, account is to be taken of the life prisoner's individual situation and personality. The Court, moreover, recognises that certain mental health conditions are not, or not easily, amenable to treatment. Given that, owing to their mental health situation, such life prisoners may not themselves be sufficiently aware of a need for treatment, the aforementioned assessment should be conducted regardless of whether any request for treatment has been expressed by them (see paragraph 106 above). Where the assessment leads to the conclusion that a particular treatment or therapy may indeed help the life prisoner to rehabilitate himself or herself, he or she is to be enabled to receive that treatment to the extent possible within the constraints of the prison context (see the relevant Council of Europe instruments set out in paragraphs 66-69 above; see also paragraph 103 above). This is of particular importance where treatment in effect constitutes a precondition for the life prisoner's possible, future eligibility for release and is thus a crucial aspect of de facto reducibility of the life sentence.

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