| Abstract [eng] |
This master’s thesis analyzes the concept, significance, and origins of the right to hope, drawing on both the established case law of the European Court of Human Rights and a review of relevant academic literature. While examining this topic, it was found that the right to hope is enshrined in Article 3 of the Convention, but its origin is linked to a positive view of the convicted person. The ECHR holds the position that every person who has committed a crime holds the right to reform and return to society. In each case, a person’s prospects for release are assessed differently; therefore, this thesis outlines the criteria that convicted people must meet in order to use this right. A more detailed examination of the ECHR’s case law identifies the criteria and principles underlying the right to hope. The thesis also analyzes the implementation of the right to hope in Lithuania and the issues surrounding it. It examines the commutation of life imprisonment to a fixed-term sentence, outlining the procedural aspects of this institution and the criteria that a convict must meet in order to qualify for a reduction in sentence. Based on the case law of Lithuanian national courts, the study examines actual requests from convicts and the court’s reasoning for either denying or granting fixed-term imprisonment sentences to individuals. Through a review of the scholarly literature, the fundamental problems and limitations of this institution related to the insufficient implementation of the right to hope are revealed. Based on this, the institution of conditional release is examined as the most appropriate model for ensuring the right to hope. An evaluation of these two institutions, as well as the principles, criteria, and theoretical concept of the right to hope, allows conclusions regarding the proper implementation of the right to hope and the safeguarding of the rights and opportunities of the convicted person. |
