Judgment No CCZ 8/16 21
Const. Application No CCZ 48/15
out at European level, provided that the system chosen does not contravene the
principles set forth in the Convention.”
In Vinter’s case (supra), the European Court reiterated that the imposition of a
whole life sentence for especially serious crimes was not in itself incompatible with
Article 3, so long as the sentence is de jure and de facto reducible. Thus, in order to be
compatible with Article 3, a life sentence must include the possibility of review and the
prospect of release.
The same concerns were expressed by Mahomed CJ in Tcoeib’s case (supra) at
1006:
“The nagging question which still remains is whether the statutory mechanisms to
which I have referred, constitute a sufficiently ‘concrete and fundamentally
realisable expectation’ of release adequate to protect the prisoner’s right to
dignity, which must include belief in, and hope for, an acceptable future for
himself.”
Consequently, having found, at 1007, that the statutory arrangements were not
arbitrary or unpredictable, because the parole and release boards were required to act
impartially, in accordance with the law and subject to the supervision of the courts, it was
concluded, at 1009:
“For the reasons which I have articulated I am unable to hold that life
imprisonment as a sentence is per se unconstitutional in Namibia, regard being
had to the fact that the relevant legislation permits release on parole in appropriate
circumstances.”
Insofar as concerns the provisions of Part XX of the Prisons Act, there is no doubt
that they differentiate between prisoners generally and those sentenced to life
imprisonment. By excluding life prisoners from the statutory process of possible release
Select target paragraph3
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