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Killers' life terms 'breached their human rights' | |
(35 minutes later) | |
The European Court of Human Rights has ruled the whole life tariffs given to murderer Jeremy Bamber and two other killers breached their human rights. | |
The court ruled there had to be both a possibility of release and review to be compatible with their human rights. | |
However it said this did not mean there was "any prospect of imminent release". | |
Bamber, along with Peter Moore and Douglas Vinter, argued their sentences were "inhuman" and they should have the right to a review. | |
The three men had lost a previous legal battle at the European court and now its grand chamber has had a final say. | |
BBC legal affairs correspondent Clive Coleman said the grand chamber's decision was convincing, in that they ruled by 16-1. | |
He said the move was significant both legally and politically, and it would now have to be considered by the UK government. | |
BBC home affairs correspondent Dominic Casciani said it would probably require Parliament to create a system to allow the Parole Board to review whole life orders. | |
'Modern democracy' | |
They are among a group of 49 people in England and Wales who are serving whole life tariffs. | |
This means they cannot be released other than at the discretion of the justice secretary on compassionate grounds - for example, if they are terminally ill or seriously incapacitated. | This means they cannot be released other than at the discretion of the justice secretary on compassionate grounds - for example, if they are terminally ill or seriously incapacitated. |
They claimed that being denied any prospect of release was a violation of Article 3 of the European Convention on Human Rights. | |
The case was referred to the grand chamber after the men narrowly lost their first European Court hearing in 2012: three of the seven judges ruled in their favour. | The case was referred to the grand chamber after the men narrowly lost their first European Court hearing in 2012: three of the seven judges ruled in their favour. |
The court's first ruling concluded that the men's sentences were not "grossly disproportionate". | The court's first ruling concluded that the men's sentences were not "grossly disproportionate". |
Bamber was jailed for murdering five members of his family in Essex in 1985. | Bamber was jailed for murdering five members of his family in Essex in 1985. |
He has always protested his innocence and claims his schizophrenic sister Sheila Caffell shot her family before turning the gun on herself. | He has always protested his innocence and claims his schizophrenic sister Sheila Caffell shot her family before turning the gun on herself. |
Moore killed four gay men for his sexual gratification in north Wales in 1995. | Moore killed four gay men for his sexual gratification in north Wales in 1995. |
In 2008, Vinter, from Middlesbrough, admitted killing his wife Anne White. He had been released from prison in 2005 after serving nine years for murdering a colleague. | In 2008, Vinter, from Middlesbrough, admitted killing his wife Anne White. He had been released from prison in 2005 after serving nine years for murdering a colleague. |
Before the judges' decision was announced, Vinter's solicitor, Simon Creighton, said the appeal was not a bid to get his client or the other two killers back on the streets. | Before the judges' decision was announced, Vinter's solicitor, Simon Creighton, said the appeal was not a bid to get his client or the other two killers back on the streets. |
He said purpose of the legal challenge was to ensure all sentences have the right of review built into them. | He said purpose of the legal challenge was to ensure all sentences have the right of review built into them. |
"A whole life sentence without the right of review is at odds with modern democracy and sentencing," he told BBC Radio 5 live. | "A whole life sentence without the right of review is at odds with modern democracy and sentencing," he told BBC Radio 5 live. |
BBC home affairs correspondent Danny Shaw said up until 2003 all terms could be reviewed, including whole life tariffs. | BBC home affairs correspondent Danny Shaw said up until 2003 all terms could be reviewed, including whole life tariffs. |
'Pure revenge' | 'Pure revenge' |
Last year, the Court of Appeal in London upheld the principle of whole life sentences for the most dangerous of offenders, saying it did not breach human rights. | Last year, the Court of Appeal in London upheld the principle of whole life sentences for the most dangerous of offenders, saying it did not breach human rights. |
At the time, the Lord Chief Justice said jail without the possibility of release should be "reserved for the few exceptionally serious offences". | At the time, the Lord Chief Justice said jail without the possibility of release should be "reserved for the few exceptionally serious offences". |
He said judges must be convinced those sentenced to whole life need to be held forever for punishment and retribution. | He said judges must be convinced those sentenced to whole life need to be held forever for punishment and retribution. |
Eric Allison, a former prisoner and the Guardian's prison correspondent, told BBC Radio 5 live that the UK did not have the death penalty and the prison system was about rehabilitation and reform. | Eric Allison, a former prisoner and the Guardian's prison correspondent, told BBC Radio 5 live that the UK did not have the death penalty and the prison system was about rehabilitation and reform. |
He said whole life tariffs were about "pure punishment and pure revenge and we are better than that". | He said whole life tariffs were about "pure punishment and pure revenge and we are better than that". |
"We are human beings and we are capable of change. I spent time in prison. I did not kill anybody but I have seen people who did kill turn their lives around and that's the aim of the system. That should apply to all prisoners." | "We are human beings and we are capable of change. I spent time in prison. I did not kill anybody but I have seen people who did kill turn their lives around and that's the aim of the system. That should apply to all prisoners." |
Rape victim Helen Stockford's attacker was a convicted murder and she has been campaigning to ensure he now stays in prison for life. She says some criminals do not deserve a second chance. | Rape victim Helen Stockford's attacker was a convicted murder and she has been campaigning to ensure he now stays in prison for life. She says some criminals do not deserve a second chance. |
"They are given chances after chances and it seems they cannot live in society normally," she told BBC Radio 5 live. | "They are given chances after chances and it seems they cannot live in society normally," she told BBC Radio 5 live. |
"I feel I am doing the life sentence, not him," she said. | "I feel I am doing the life sentence, not him," she said. |