Life Imprisonment under International Law in the Light of the Case-Law of the European Court of Human Rights

Himpli, Lénárd (2026) Life Imprisonment under International Law in the Light of the Case-Law of the European Court of Human Rights. BELÜGYI SZEMLE / ACADEMIC JOURNAL OF INTERNAL AFFAIRS: A BELÜGYMINISZTÉRIUM SZAKMAI TUDOMÁNYOS FOLYÓIRATA (2010-), 74 (SI1). pp. 143-164. ISSN 2062-9494

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Abstract

Aim: The purpose of this study is to examine the development of the Hungarian regulation of life imprisonment without the possibility of parole over the past decades and to assess its compatibility with Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment. The study analyses the case law of the European Court of Human Rights, the legislative responses adopted by the Hungarian legislature, with particular emphasis on the introduction of the mandatory pardon procedure, and evaluates the adequacy of these measures. It also examines the relevant jurisprudence of the Hungarian Constitutional Court and considers the possible future directions of the legal framework.Methodology: The research employs descriptive and case-law analysis methods. It reviews the evolution of the Hungarian legal framework, the relevant judgments of the European Court of Human Rights, as well as the pertinent decisions of the Hungarian Constitutional Court and the Curia, and evaluates them against the requirements of the Convention. Based on the findings of the research, the study also puts forward a de lege ferenda proposal aimed at ensuring that the Hungarian system of criminal sanctions complies with both the European Convention on Human Rights and the Fundamental Law of Hungary.Findings: The study concludes that the Hungarian regulation of life imprisonment—particularly life imprisonment without the possibility of parole and, in certain cases, life imprisonment with the possibility of parole—has failed to comply with the requirements of Article 3 of the Convention since its introduction. The introduction of the mandatory pardon procedure has not remedied the deficiencies identified by the Strasbourg Court. The study further argues that the current regulation of life imprisonment is, in all likelihood, incompatible with Articles II and III of the Fundamental Law of Hungary, thereby creating an internal constitutional tension with Article IV thereof.Value: The study provides a systematic assessment of the Hungarian regulation of life imprisonment in the light of the case law of the European Court of Human Rights and the constitutional requirements of Hungary. It identifies the domestic and international legal inconsistencies inherent in the current framework and formulates a de lege ferenda proposal for a system of criminal sanctions capable of simultaneously ensuring the protection of society, the achievement of the objectives of punishment, and compliance with fundamental human rights standards.

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