Murray v. Netherlands

Abstract

Human rights — Prohibition of torture and inhuman or degrading treatment — Applicant serving life sentence — Applicant suffering from mental illness — Applicant receiving pardon following terminal cancer diagnosis — Applicant complaining of violation of Article 3 of European Convention on Human Rights, 1950 — Respondent Government’s preliminary objections — Whether lack of standing — Scope of case — Examination of applicant’s complaints — Whether applicant’s life sentence irreducible — Vinter judgment — Whether both a prospect of release and a possibility of review — Whether pardon on health grounds constituting prospect of release — Conditions of detention — Whether applicant’s regime suited to his mental condition — Psychiatric provision — Rehabilitation — Whether alleged lack of treatment in effect depriving applicant of any prospect of release — Whether life sentence de facto irreducible — Whether violation of Article 3 of European Convention

Treaties — Interpretation — European Convention on Human Rights, 1950, Article 3 — Prohibition of torture and inhuman or degrading treatment or punishment — Applicant serving life sentence suffering from mental illness — Whether applicant’s life sentence irreducible in violation of Article 3 — Vinter judgment — Whether both a prospect of release and a possibility of review — Whether pardon on health grounds constituting prospect of release — Whether conditions of detention violating Article 3 — Rehabilitation — Whether alleged lack of psychiatric treatment in effect depriving applicant of any prospect of release — Whether life sentence de facto irreducible — Whether violation of Article 3 of European Convention

Relationship of international law and municipal law — Treaties — Interpretation — Scope — Article 3 of European Convention on Human Rights, 1950 prohibiting torture and inhuman or degrading treatment or punishment — Applicant serving life sentence suffering from mental illness — Whether applicant’s life sentence irreducible in violation of Article 3 — Vinter judgment — Whether both a prospect of release and a possibility of review — Whether pardon on health grounds constituting prospect of release — Whether conditions of detention violating Article 3 — Rehabilitation — Whether alleged lack of psychiatric treatment in effect depriving applicant of any prospect of release — Whether life sentence de facto irreducible — Whether violation of Article 3 of European Convention