LIFE IMPRISONMENT

In countries which do not have the death penalty, life imprisonment is generally the most severe punishment imposed for the most serious of crimes. Variations do exist, however, in the types of offences eligible for life imprisonment, the use of discretionary and mandatory sentencing, the minimum periods of detention, and the treatment and care for life-sentenced prisoners throughout the world. As many countries are currently moving towards the abolition of the death penalty, trends indicate an increase in the number of offences that carry the sanction of life imprisonment - and life imprisonment without the possibility of parole (LWOP)in particular - a greater prevalence of indeterminate sentencing, a reduction in the use of parole, and the lengthening of prison terms as a whole. In England and Wales, the life sentenced prisoner population increased by 75 per cent between 1994 and 2004.¹ In the US, the number of life sentenced prisoners increased by 83 per cent between 1992 and 2003.² In South Africa, the number increased from 443 to 5,745 between 1995 and 2005 – an increase over 1,000 per cent, compared to an overall prison population growth of 60 per cent.³ Prisoners serving long-term or life sentences often experience differential treatment and worse conditions of detention compared to other categories of prisoner.⁴ Their conditions of detention, compounded by the indeterminate nature of the sentences, often have a profound sociological and psychological impact on prisoners, which negate the rehabilitative purpose of punishment.

International standards

The only human rights treaty standard that refers specifically to life imprisonment concerns the use of life imprisonment without the possibility of release. Article 37 of the Convention on the Rights of the Child prohibits LWOP for people below the age of 18. Although there are no universal provisions that prohibit LWOP for adult offenders, the Rome Statute of the International Criminal Court stipulates that all sentences for the gravest forms of crimes - war crimes, crimes against humanity and genocide – should be reviewed after 25 years.

Other treaty standards concern the extent to which life imprisonment constitutes a loss of dignity or amounts to inhuman or degrading treatment or punishment. Article 10(1) of the International Covenant on Civil and Political Rights states:

All deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

Article 10(3) further states:

The penitentiary system shall comprise the treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.

PRI’s work on life imprisonment

In Central Asia, PRI has undertaken research on alternative sentences to the death penalty - notably on life imprisonment - to inform governments about the legislative and operational changes required to support abolition of the death penalty. Regional and international seminars have been organised to promote and disseminate the research findings.

PRI has recently launched a two-year EC-funded programme to support governments and other stakeholders in progressing towards the abolition of the death penalty. Project activities will focus on the implementation of life imprisonment as an alternative sanction to the death penalty. The programme is being carried out through PRI’s offices in Almaty, Amman, Moscow and Tbilisi.

PRI Resources and Publications

Penal Reform Briefing No 1: Alternatives to the death penalty - the problems with life imprisonment

1. Home Office (2005) Offender Management Caseload Statistics 2004. UK: Home Office.
2. Mauer et al., (2004) The meaning of ‘life’: Long Prison Sentences in Context. USA: The Sentencing Project.
3. LWOP is, for example, applied in all regions of the world including in Bulgaria, Estonia, the Netherlands, Sweden, Turkey, UK, Ukraine, US, and Vietnam.
4. In the Russian Federation, prisoners are kept in cells of less than two metres squared and placed under constant surveillance as they are considered a greater public danger compared to other prisoners.