7/5/2023 0 Comments In accordance with sentence![]() ![]() The Court acknowledged that the domestic rules offered convicted prisoners a choice as to whether to cooperate with the judicial authorities. It was impermissible to deprive persons of their freedom without striving towards their rehabilitation and providing them with the chance to regain that freedom at some future date. The Court reiterated that human dignity lay at the very essence of the Convention system. Relying on Articles 3 and 8 (right to respect for private and family life), he also complained that the prison regime was incompatible with the aim of prisoners’ rehabilitation and social reintegration. Relying on Article 3 of the Convention (prohibition of inhuman or degrading treatment), the applicant complained that his life sentence was irreducible and afforded him no prospect of release on licence. In a judgment of 22 March 2016 the Court of Cassation dismissed an appeal on points of law by the applicant. In a decision of the court held that his application could not be granted, since release on licence was conditional on cooperation with the judicial authorities and the permanent severing of ties between the convicted person and Mafia circles. In March 2015 Mr Viola applied to the sentence supervision court for release on licence. The second application for prison leave was rejected on the same grounds. ![]() The applicant appealed against that decision, but the sentence supervision court dismissed an appeal by the applicant, holding that it had not been established that he had broken off contact with the criminal organisation and that it did not appear from observation of his everyday behaviour that he had engaged in critical reflection on his criminal past. His first application was rejected in July 2011 by the post-sentencing judge. ![]() His first application was rejected in July 2011. The applicant subsequently applied for prison leave on two occasions. In December 2008t the applicant was sentenced to life imprisonment with daytime isolation for two years and two months. He was involved in a series of incidents between two rival Mafia clans from the mid-1980s until 1996. The case concerned an irreducible sentence of life imprisonment.Īpplicant, Mr Marcello Viola, is an Italian national who is currently detained in Sulmona Prison (Italy). 77633/16, ) the European Court of Human Rights held, by a majority, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. In ▶ Judiciary, Article 3 (prohibition of inhuman or degrading treatment), Police and prisons ![]()
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