Onder 3.7.10. Parket bij de Hoge Raad 19 maart 2019

173. In the Court’s opinion, the above considerations provide some guidance as to the criteria and conditions for review of a life sentence and could be construed as referring to legitimate penological grounds for the continuing incarceration of prisoners (see and compare with Bodein v. France, no. 40014/10, § 60, 13 November 2014, Murray v. theNetherlands [GC], no. 10511/10, § 100, 26 April 2016, as well asHarakchiev and Tolumov v. Bulgaria, nos. 15018/11 and 61199/12, § 258, ECHR 2014 (extracts), and the Court’s further analysis in Hutchinson, cited above, § 61). It is noteworthy, however, that those considerations are applicable in the context of a broader restriction. Namely, the Clemency Procedure Regulations state that “persons convicted for serious or particularly serious crimes, or having two or more criminal records inrespect of the commission of premeditated crimes ... may be granted clemency in exceptional cases and subject to extraordinary circumstances”(see paragraph 86 above). All life prisoners clearly fall within this category (see paragraph 76 above). It is not known what is meant by “exceptional cases” and “extraordinary circumstances”, and there is nothing to suggest that the penological grounds for keeping someone in prison are of relevance for the interpretation of those notions under the legal frameworks as they presently stand in Ukraine.

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