Human Rights Strasbourg tap Netherlands on fingers

The European Court of Human Rights (ECHR) The Netherlands has reprimanded in the case of the Antillean child murderer James Murray. The rights of the deceased and sentenced to life Murray in 2014, according to the Court for years seriously damaged

The Strasbourg Court stated in its ruling today that Murray was treated during his lifetime detention as "human waste", a fate not deserve any prisoner by the European judges, how serious the crime is.

The ECHR also states that 'justice for Mr. Murray came too late because he got no chance to psychiatric treatment. The Court adds that would be a compensation for non-material damage to Murrays survivors in place.

The ruling confirms the European Court of Human Rights once again that there should be in imposing a life sentence prospect of a return to society, a debate that still flared up again in recent years in the Netherlands.

PvdA plan
Earlier this month found that now government party VVD not find more sustainable life imprisonment in its current form. The Liberals support a plan of coalition partner Labour Party, which proposes to appraise some 25 years or for life to return inmates to society.

James Clifton Murray Dutch national born in Aruba in 1953 strained his case against the Kingdom of the Netherlands in 2010 at the European Court of Human Rights. He argued that his rights had been violated, partly because of the poor conditions in prisons in Aruba and Curacao.

He added that he no perspective was offered by release, especially since he had not received psychiatric treatment in all those years. Although this was recommended in several psychiatric reports and he wanted it himself, he got this treatment, which has been deprived of any prospect of an eventual return to society, Murray argued in his case.

six year old victim
He was then over thirty years for the murder of six-year old girl Darly Lai in Curaçao in 1979. The motive for his action was taking revenge on the aunt of the girl, who was then Murrays girlfriend but had broken the relationship . The then 26-year-old Murray brought the girl with multiple stab wounds died.

Initially he was sentenced to twenty years in prison, but on appeal was Murray sentenced to life imprisonment. The court considered it proven that he had committed the murder intentionally and with premeditation. In a psychiatric report, he was described as diminished responsibility but criminally responsible for his act.

The court found a TBS treatment actually in place, but it was not possible in the Antilles and send him to The Netherlands had claimed the court makes little sense because Murrays' limited intelligence and insufficient opportunities to express themselves verbally. In the next 34 years of his detention would be deprived Murray of psychiatric treatment.

Thirteen pardon requests
At that time, Murray served thirteen times a clemency request. That was all the times rejected by the governors of Aruba and Curacao, where he was stuck, usually without giving reasons. Some pardon requests were not even answered.

The location in the Antilles current legal system offered no possibility of parole for life prisoners. That opportunity came in Curacao until November 2011, a substantial improvement in the Court in Strasbourg, but legal ambiguities which Murray could not take advantage of.

The Strasbourg Court criticizes in its judgment called 'Catch 22'-situation in which Murray was in "A State refuses to pardon anyone until he can lead a normal life in society. But only if this person from the State receives an adequate psychiatric treatment, which is denied by the same State. In other words, Murray has the Kingdom of the Netherlands never got the chance to make himself a better person through proper treatment.
   
Cancer
Only when in early 2013 when Murray was diagnosed terminal cancer started to get movement in the case. He could go to a nursing home on Curacao, where he was guarded. When it appeared that he was terminally ill, he was still pardoned in March 2014. He went home in Aruba, where he died in November 2014.

After putting his dead Murrays son and sister continue the case. The Court leaned almost one and a half years ago for the first Murrays requirement, and so came today with his statement, confirming their own judgment from 2013 in which the Court states that every prisoner is entitled to perspective.

Netherlands offers this perspective currently not convicts to life because the state secretary of justice in practice never going to grace. Netherlands This would contravene the European Convention on Human Rights.

The government is currently considering the PvdA plan backed by the VVD to introduce a test after about 25 years. A proposal by State Secretary for Security and Justice Klaas Dijkhoff is expected soon. Dijkhoff announced previously that he comes up with a new plan because the punishment is likely to be no longer imposed after criticism of judges. The VVD wants the minister thereby also examine seriously whether the sentences for manslaughter and murder can up.

By: Gert Jan Rohmense Wedding / Photo: Martin Roemer.