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Hutchinson v. United Kingdom
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Prohibition of torture and cruel, inhuman or degrading treatment — Applicant receiving life sentence — Applicant given whole life order by Secretary of State — Whether whole life order violating Article 3 of European Convention on Human Rights, 1950 — Need for review mechanism in respect of whole life sentences — General principles — Whether life sentence irreducible as matter of law and practice — Whether prospect of release and possibility of review of sentence — Whether review mechanism available to applicant sufficient to comply with requirements 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 — Whether applicant’s whole life order compatible with Article 3 of European Convention — Whether life sentence irreducible as matter of law or practice — Whether prospect of release and possibility of review of sentence — Whether review mechanism available to applicant sufficient to comply with requirements 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 — Whether whole life order violating Article 3 of European Convention — State choosing its criminal justice system — Sentence review and release arrangements — Requirement of compatibility with Convention principles — Whether life sentence compatible with Article 3 of European Convention — Whether life sentence irreducible as matter of law and practice — Whether prospect of release and possibility of review of sentence — Human dignity — Aim of imprisonment — Rehabilitation — European penal policy — International law — Article 10(3) of International Covenant on Civil and Political Rights, 1966 — Human Rights Committee’s General Comment on Article 10 — Need for review mechanism in respect of whole life sentences — General principles — Whether review mechanism available to applicant sufficient to comply with requirements of Article 3 of European Convention — Strasbourg jurisprudence — English jurisprudence — Interpretation of domestic legislation — Whether European Court of Human Rights to accept national court’s interpretation of domestic law — Whether Secretary of State’s discretionary power to release under domestic law complying with requirements of Article 3 of European Convention
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- © Cambridge University Press 2016