29 years in prison: The state should ensure the right to conditional early release  for life-sentenced prisoners

Since 1996, Kamo Shalunts has been serving a life sentence. During the years of imprisonment, despite his proper conduct, completed works, and positive character references, the court has several times rejected his request for conditional early release.  

Most recently, on November 14, 2024, the Court of First Instance of General Jurisdiction of Kotayk region rejected Shalunts’ motion for conditional early release based on the circumstance that the possibility of his committing a crime is still high. The victim’s legal successor’s negative opinion was also mentioned among the reasons for rejection.  

Ani Chatinyan, the coordinator of the legal department of HCA Vanadzor and the representative of Shalunts, appealed the decision in the Appellate court, noting that the court has ignored the standards prescribed by the Criminal Code and the European Convention on human rights. Over 29 years of serving his sentence, the convict has demonstrated conscientious behavior and has even been commended several times. In addition, all the conditions for the resocialization of K. Shalunts are present. Several state structures, including the penitentiary institution and the probation service, have provided positive conclusions regarding K. Shalunts’s conduct and resocialization; nevertheless, the court of first instance of the Kotayk region failed to give proper weight to these assessments in its decision. In contradiction to the European Court of Human Rights and case law of the Constitutional Court, the right of Shalunts to return to society has been rejected without a thorough and individualized evaluation. 

HCA Vanadzor  appealed the decision to  the Criminal Appellate court requesting that the rejection be overturned and that Kamo Shalunts be conditionally released on parole with a probationary period.  

If a person has served for 29 years, earned positive evaluations, has supported other convicts, and even the state structures have recognized his rehabilitation, why shouldn’t he be given the opportunity to return to society under supervision and accountability? After all, resocialization is one of the fundamentals of justice. After all, a person who has atoned for his crime over many years should not become a forgotten number in prison.  

With the decision of the Court of Appeal, the ruling of the Kotayk First Instance Court was overturned, and Kamo Shalunts’ case was sent back for a new trial. This approach is not about the fate of an individual but it is an indicator of a systemic approach. The European Court of Human Rights has repeatedly addressed in its case-law decisions the right of life-sentenced prisoners to be considered for early release, ruling that dying in prison without such a possibility amounts to degrading treatment. The realization of this right must be genuine. In many progressive countries, the right to parole for life-sentenced persons is typically granted after 20 years of imprisonment.