A Doubtful Hope of Release
Last week, the President of Ukraine signed Bills No. 4048 and No. 4049, although human rights defenders had urged him not to. The bills, in particular, concerned the introduction of a mechanism to commute life imprisonment to imprisonment for a fixed term.
What was adopted
The mechanism proposed by the draft laws does not comply with international standards. An unfair requirement is established to serve at least fifteen years of imprisonment to have even a chance of commutation. At the same time, no relief is provided for those who have already served more than fifteen years at the time the law comes into force.
As a result, discrimination arises, and some convicts – even after their life sentences are commuted to imprisonment for a fixed term – stand no chance of being released, as they must serve a total of thirty-five to forty years in custody. Under the conditions of the Ukrainian prison system, such terms seem simply unrealistic. Most convicts will die from chronic illnesses while serving their sentences.
The European Court of Human Rights has reached similar conclusions in its case law, which is precisely why human rights defenders and relatives of convicts were outraged following the passage of the bills. However, they have been signed, meaning they have entered into force.
What is to be done about this?
Firstly, one should still apply for the new relief. Compared to the situation before these laws were passed, the chances of release have indeed increased, even if they do not meet international standards. Of course, convicts can try to utilise the new mechanism to have their sentence commuted. Such commutation is possible in cases of exemplary behaviour, involvement in work or socially useful labour, and the payment (at least partial) of civil claims, among other things.
