Analysis of ECtHR Protections for Release from Life Imprisonment: A Perspective from Japan as a Non-Contracting State

• In Event: International Perspectives in community sanctions and measures

Abstract

For decades, the issue of release from life imprisonment remained largely absent from public discourse. However, the global movement toward the abolition of capital punishment, alongside an increasing emphasis on risk management, has brought this subject to the forefront of legal and policy debates. In some Anglophone jurisdictions, this has even given rise to ‘parole populism,’ whereby political and legislative interventions impose additional constraints on parole decision-making. Although Japan, as a retentionist country, has yet to engage in a substantive discussion on release mechanisms for life-sentenced prisoners, its parole practices have gradually transformed a life sentence with parole into a de facto life sentence without parole. This transformation has been driven by a long-term shift in sentencing philosophies, the influence of victims' rights movements, and heightened public concerns following high-profile violent crimes.
Against this backdrop, the jurisprudence of the European Court of Human Rights (ECtHR) has emerged as a normative benchmark for release practices, shaping legal frameworks not only within contracting states but also in jurisdictions beyond Europe. Given its influence on the interpretation of the International Covenant on Civil and Political Rights (ICCPR), the ECtHR’s case law holds potential significance for Japan’s parole system. The Court has developed two distinct doctrinal approaches depending on the nature of life sentences: where a life sentence is formally recognized as indeterminate, protections under Article 5 of the European Convention on Human Rights apply; conversely, in cases where sentences are irreducible, Article 3 jurisprudence provides the relevant legal framework. By critically analyzing these protections, this paper assesses their respective advantages and limitations and ultimately advocates for the adoption of a hybrid approach, informed by ECtHR jurisprudence, to enhance the legal safeguards surrounding life imprisonment in Japan.

Author

• Saori Toda, Hitostubashi University