The Danger is not Permanent Characteristic for the Person who committed a Crime

It was confirmed by the European Court of Human Rights, that the danger is not a permanent characteristics for the person who committed a crime. That is why, while discussing the issue of danger of a person, it should be checked whether the factor of danger during the committing of the crime is continuous or not.

The same approach is also applicable in case of needs assessment of the crime, since in both cases changes are possible, which means that during some period the risk assessment of the person may not be in a line with the risk degree during another period.

Therefore, the risk degree of a person should regularly be assessed. Moreover, the criminals are punished for the crimes, they have already committed and not for the alleged crimes, which may be committed by the convicted person one day.

In regard to the life imprisoned, the long term imprisonment inevitably leads to the disruption of the imprisoned person’s physical, emotional and mental capacities.

In case, when the long term imprisonment is accompanied by the lack of planning and physiological intervention, the return to social life and re-socialization become almost impossible. Such situation requires guarantees driven from the status of the convicted, concrete establishment of the legislative grounds for reducing the punishment term, as well as the existence of the effective mechanisms for their application in practice.

Without the hope of being released, the life sentenced person pays less attention to the dynamic security of the prison, since one of the problems of the prison administration is the maintenance of oversight in prison as a guarantee of security.

Dynamic security also means shaping of positive relationships with the prisoners, which puts an additional obligation on the prison administration. Particularly, showing of individual approach to each prisoner, support in personal issues, having conversation with the latter etc.

In this process, if the convicted compresences that the positive conduct has no outcome for him/her, the dynamic security will become impossible.

Hasmik Harutyunyan,

Legal Expert of the Protection of Rights without Borders NGO.

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