RASNABE v. THE NETHERLANDS

2024-11-07T00:00:00
Published on 25 November 2024   FOURTH SECTION Application no. 56209/19 Mohamed RASNABE against the Netherlands lodged 23 October 2019 communicated on 17 March 2022 and 7 November 2024   The Subject matter of the case and Questions to the parties is available in HUDOC. QUESTIONS TO THE PARTIES 1.  At the time of the final judgments in the applicant’s case and the submission of the parties’ observations, section 4 of the Advisory Board (Life Sentence Prisoners) Decree (Besluit Adviescollege levenslanggestraften) provided that the responsible Minister was to take an ex officio pardon decision based on section 19 of the Pardons Act (Gratiewet) no later than twenty-seven years counted from the start of detention on remand. On 1 July 2023 a legislative amendment increased this period to twenty-eight years.   Does this legislative change have any impact, in the applicant’s individual case, on the State’s compliance with Article 3 of the Convention?   Please note that further observations in respect of this question must focus exclusively on the legislative change introduced on 1 July 2023.   2.  In how many cases has the Advisory Board on Life Imprisonment (Adviescollege levenslanggestraften) advised the Minister regarding integration?   3.  How many prisoners have been admitted to the reintegration phases on the basis of an advice by the Advisory Board?   4.  In how many cases has the Advisory Board advised the Minister regarding pardon?   5.  How many life sentence prisoners have been pardoned since 1970?   6.  How many life sentence prisoners have been pardoned under the system of the Advisory Board (Life Sentence Prisoners) Decree?