Information Note on the Court’s case-law No. 175
June 2014
Khamtokhu and Aksenchik v. Russia (dec.) - 60367/08 and 961/11
Decision 13.5.2014 [Section I]
Article 14
Discrimination
Alleged discrimination in provisions governing liability to life imprisonment: admissible
Article 57 of the Russian Criminal Code provides that a sentence of life imprisonment may be imposed for certain particularly serious offences. However, such a sentence cannot be imposed on women, persons under 18 when the offence was committed or over 65 when the verdict was delivered. The Russian Constitutional Court has repeatedly declared inadmissible complaints of alleged incompatibility of that provision with the constitutional protection against discrimination, inter alia, on the grounds that any difference in treatment is based on principles of justice and humanitarian considerations and allows age, social and physiological characteristics to be taken into account when sentencing.
In their applications to the European Court, the applicants, who are both adult males serving life sentences for criminal offences, complain of discriminatory treatment vis-à-vis other categories of convicts which are exempt from life imprisonment as a matter of law.
Admissible under Article 14 of the Convention in conjunction with Article 5.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy