Imprisonment of the Elderly and Death in Custody : The Right to Review

This book explores whether the right to review of continued imprisonment of whole life prisoners under Article 3 of the ECHR could be applicable to other categories. In particular, it examines the situation for prisoners whose life expectancy due to age or a fatal illness is less than the time they need to serve before they can be released automatically or on a discretionary basis, as well as those who do not suffer from a short term fatal illness, but are still seriously physically ill. The book assesses the compatibility of the statutory power of compassionate release in English law with the Article 3 right to review of continued imprisonment in the above specified cases.

Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill.

Khechumyan argues that factors such as a prisoner’s age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment ‘grossly disproportionate’. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined.

This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.