8.  The first applicant, Mr Kęstutis Matiošaitis, was born on 3 February 1961 and is serving a life sentence at Lukiškės Prison (Lukiškių tardymo izoliatorius – kalėjimas) in Vilnius. 9.  By a Supreme Court judgment of 2 June 1993, K. Matiošaitis was sentenced to the death penalty for aggravated murder of another prisoner, committed in prison and in a particularly cruel manner. By the same judgment the applicant was also convicted of violence against other prisoners. Under Article 24 of the old Criminal Code, in force at the time, if the death penalty was imposed, the court could change it to life imprisonment (see “Relevant domestic law”, paragraph 61 below). The Supreme Court thus changed the applicant’s sentence from the death penalty to life imprisonment.
The applicant started serving his life sentence nearly twenty four years ago, in June 1993. 10.  In May 2003 a new Criminal Code came into force. Article 3 of the new Code provided for retroactive application of the law commuting a penalty or mitigating the legal circumstances of a convict in other ways (see paragraph 63 below). The applicant asked the court to reclassify his crimes and to commute the sentence imposed on him. In a final decision the Court of Appeal found that there were no grounds for commuting the life sentence imposed. 11.  In 2011, whilst serving his life sentence in Lukiškės Prison, K. Matiošaitis obtained a bachelor’s degree in social pedagogy from the Vilnius Pedagogical University. 12.  In his annual assessment for 2009, the applicant’s character was assessed as satisfactory (patenkinamai) by Lukiškės Prison administration. They came to the same conclusion in further assessments in 2012 for the purpose of a pardon plea, and in 2014 at the request of the Prisons Department. As from 2007 the applicant had been working in prison, but on 31 March 2009 he refused to work, explaining in writing that he would not work with prisoners belonging to a lower caste. The applicant took part in social rehabilitation programmes aimed at social reintegration of convicted persons, reform of life prisoners and computer literacy, and responded positively. He participated actively in both individual and collective discussions, but remained suspicious and appeared unable to think objectively. The applicant had social contact with his family by means of letters, telephone calls and visits. According to the prison administration, he had fully admitted his guilt but had not made serious resolutions. By 2012 the applicant had committed three disciplinary violations. In particular, in 2010 a knife, sharpened pieces of tin, needles and other prohibited objects were found in his cell. He was then placed in a punishment cell for fifteen days. He was commended for good behaviour ten times. As of 2013 the applicant has taken part in a social skills programme organised by the Prisoners’ Care Society (Kalinių globos draugija) – he was part of a “knitting group”. He has also studied English in courses provided in prison. 13.  In 2012 the applicant submitted a pardon[1] plea to the President of the Republic. His plea was rejected by the Pardon Commission at its meeting on 29 January 2013. 14.  In May 2012 the applicant lodged a complaint with the Vilnius Regional Administrative Court. As it transpires from the summary of his complaint by that court, K. Matiošaitis argued that Article 158 of the Code for the Execution of Sentences, which prohibits life prisoners’ release on parole (see paragraph 69 below), was unconstitutional. By a ruling of 29 May 2012 the administrative court refused to examine the applicant’s complaint, underlining that the acts adopted by the President of the Republic or the Seimas could not be challenged in the administrative courts (see paragraph 108 below). 15.  In August 2014 the applicant submitted a request to Lukiškės Prison administration, stating that he would like to obtain vocational training (mokytis profesinėje mokykloje). The prison administration replied that the conditions in Lukiškės Prison were not appropriate for teaching a profession (see also paragraph 106 below). 16.  The second applicant, Mr Juozas Maksimavičius, was born on 13 December 1963 and is serving a life sentence in Lukiškės Prison. By a judgment of 20 December 1993 the Supreme Court found the applicant guilty of aggravated murder for mercenary reasons, illegal possession of firearms and other crimes. The Supreme Court sentenced him to death. 17.  By a decree of 13 April 1995 the President of the Republic granted a pardon to the second applicant and changed his death sentence to life imprisonment. The applicant has served twenty two years of his prison sentence. 18.  Following the adoption of the new Criminal Code, the applicant asked the courts to reclassify his crimes and to commute his penalty. In a final decision the Court of Appeal held that there were no grounds for commuting the life sentence imposed, because the crime which the applicant had committed was particularly grave. 19.  The applicant’s annual character assessment for 2011 by Lukiškės Prison administration stated that he had partly admitted his guilt, but avoided talking about his crime. He worked at a manufacturing facility, took part in the social rehabilitation and recreation (laisvalaikio užimtumo) programmes, and devoted much time to computer work. The applicant had incurred no disciplinary penalties and had no civil claims outstanding against him. He had been commended (skatintas) for good behaviour thirteen times. His behaviour while in prison had been positive. In the character assessment report for 2012 drafted by the prison administration for the purpose of a pardon, it was further noted that the applicant had fully admitted his guilt and that no civil claims were outstanding against him. He was also a keen participant in individual and theme discussions. 20.  In 2012 the applicant asked the President of the Republic for a pardon. His plea was rejected by the Pardon Commission at its meeting on 12 October 2012. The applicant’s further pardon plea was rejected 17 October 2014. 21.  The third applicant, Mr Stanislovas Katkus, was born on 26 October 1956 and is currently serving a life sentence in Lukiškės Prison. On 17 August 2001 the Klaipėda Regional Court found him guilty of aggravated murder and illegal possession of firearms. He was sentenced to life imprisonment and all his property was confiscated. 22.  According to the Government, the conviction was upheld by the higher courts. The applicant started serving his life sentence more than sixteen years ago, in October 2000. 23.  Following the adoption of the new Criminal Code, the applicant asked the courts to reclassify his crimes and to commute his sentence. In a final decision of 5 December 2003, the Court of Appeal took into account the fact that, as noted in the court decision convicting the applicant, he had committed the crimes in cold blood (šaltakraujiškai), those crimes had had particularly grave consequences for society, and the applicant had two prior convictions. Accordingly, there were no grounds for commuting the life sentence. 24.  According to the applicant’s annual character assessment by Lukiškės Prison administration for 2011, he had partly admitted his guilt but avoided talking about his crimes. The applicant had been an active participant in individual and theme discussions and had shown an interest in his future. He had also participated in social rehabilitation and recreation programmes, and had reacted to the former programme positively. His behaviour was satisfactory. In 2011 the applicant had been found slightly inebriated and had been placed in a punishment cell for fifteen days for that disciplinary violation. 25.  The applicant admitted that he had not yet applied for presidential pardon. 26.  The fourth applicant, Mr Vladas Beleckas, was born on 6 February 1954 and is currently serving a life sentence in Pravieniškės Correctional Institution. On 11 September 2000 the Vilnius Regional Court found him guilty of theft, robbery, destruction of property of historical and cultural value, and aggravated murder. By another judgment, the applicant was also convicted of absconding from justice. For all the crimes committed a final combined sentence of life imprisonment together with confiscation of all his property was imposed. The applicant has been serving his sentence for eighteen years, since March 1999. 27.  Following the adoption of the new Criminal Code, the applicant asked the courts to reclassify his crimes and to commute his sentence. However, on 4 February 2004 the Court of Appeal refused to change the sentence of life imprisonment. 28.  Between September 2010 and December 2013 the courts refused a number of requests (teikimas) by Lukiškės Prison administration to transfer the applicant to a correctional home[2]. The applicant participated in at least two of those court hearings, and testified about his reformed personality. On other occasions he was represented by different lawyers. 29.  In his written pleadings for transfer, the applicant stated that in Lukiškės Prison he had attended computer literacy courses, taken part in sports and in a group for psychological rehabilitation, and had been part of a Bible reading group. He had also communicated with the prison psychologist. The courts evaluated those factors positively. That being so, on the basis of the applicant’s character reports which Lukiškės Prison administration had drawn up for the purpose of possible transfer, the courts observed that in 2003 and 2008 he had received disciplinary punishments and had been placed for ten and fifteen days in a punishment cell, having been found in possession of a mobile phone, which was forbidden under the prison regulations. Although from 2003 until 2008 the applicant had received positive assessments and his behaviour was not conflictual, it was only in 2009, one month before he had asked the prison administration to intervene on his behalf so that he could be transferred to a correctional home, that he had fully admitted his guilt for the crimes committed. Even in his character report for 2008 the applicant was described as having no remorse about the crimes he had committed and had not made any serious resolutions. That led the courts to doubt the sincerity of his repentance. Moreover, as was apparent from his file, he had also committed a number of other small violations of the prison rules for which he had received a warning from Lukiškės Prison authorities without any disciplinary sanctions. It was also relevant that until March 2011 the applicant had remained on a list of persons likely to attempt to escape (linkusių pabėgti asmenų įskaita). Lastly, it was also pertinent that throughout his imprisonment the prison administration had assessed the applicant’s behaviour only as “satisfactory” (patenkinamai); he had not been assessed positively (teigiamai) until 2011. The courts thus held that it was not yet possible to conclude that the applicant had really changed and that therefore it was safe to make the conditions of serving his sentence less strict by transferring him to a correctional home. Only after further observation of the applicant’s behaviour would it be possible to reliably state that his personality changes were long term. 30.  The applicant’s character assessment by Lukiškės Prison administration, drawn up for the purpose of his pardon plea on 30 April 2012, stated that he had taken part in a number of social rehabilitation programmes, as well as individual and theme discussions. As of August 2011 he had been working in the prison laundry and had shown a strong motivation to work. He also maintained good social contacts with his family. The report nevertheless stated that the applicant had misbehaved in 2003 and 2008, when prohibited objects had been found in his cell.
The applicant’s plea for presidential pardon was rejected by the Pardon Commission at its meeting on 29 January 2013. 31.  On 21 December 2015 the Vilnius City District Court rejected the applicant’s request for transfer to a correctional home. The court noted that the applicant had good social contacts because he received visits often. In May 2015 he had been commended for having actively participated in social rehabilitation programmes, which showed that his behaviour was improving. However, the district court also noted the earlier breaches of prison rules committed by the applicant (see paragraph 29 above), which showed that it was still too early to transfer him to Pravieniškės. 32.  By a ruling of 26 January 2016 the Vilnius Regional Court quashed that decision and granted the transfer request. On the basis of the applicant’s character assessments by Lukiškės Prison administration, the court held that the applicant’s behaviour had clearly improved as of April 2011, which was also proved by his active participation in the social rehabilitation programmes. 33.  The fifth applicant, Mr Rolandas Lenkaitis, was born on 31 December 1973 and is currently serving a life sentence in Pravieniškės Correctional Institution. 34.  On 11 October 2001 the Panevėžys Regional Court found the applicant guilty of aggravated murder and other crimes. For all the crimes committed, a final combined sentence of life imprisonment was imposed together with the confiscation of all his property and a fine. The applicant has been serving his sentence for sixteen years, since March 2001. 35.  Following the adoption of the new Criminal Code, the applicant applied to the courts with a request to reclassify his crimes and to commute his sentence. In October 2003, the first-instance court reclassified the crimes in accordance with the new legislation, which provided for certain mitigation. Following the reclassification, the confiscation of the applicant’s property and the fine were lifted. However, with regard to the crime of murder, the court found no reason to change the life imprisonment sentence. In a final decision in that regard, the Court of Appeal upheld the decision of the lower court, holding that the maintenance of the life sentence for aggravated murder was substantiated and corresponded to the basic principles for imposition of a penalty taking into account the established circumstances, the gravity of the offence and the personality of the perpetrator. 36.  According to the applicant’s character assessment carried out by the prison administration, while serving his sentence in Lukiškės Prison between 2001 and 2005 he had committed four disciplinary violations, including use of physical violence against another inmate and possession of prohibited objects. Between 2010 and 2013 the applicant had been commended four times. The assessment of March 2014 stated that the applicant had not paid compensation to the victims of the crimes he had committed (turi priteistą civilinį ieškinį, kurio nedengia) and had only partly acknowledged his guilt. 37.  The applicant applied for a presidential pardon in 2013. His plea was rejected on 17 December 2013. 38.  In January 2014 the Vilnius Regional Court approved the applicant’s transfer to Pravieniškės Correctional Institution (Pravieniškių pataisos namai – atviroji kolonija) to continue serving his life sentence. It was important for that court that the applicant had already spent more than twelve years in Lukiškės Prison, where reports about his behaviour had been positive. He had confessed to his crimes, was respectful towards the prison administration, worked as a painter in the prison, and had responded well to social rehabilitation measures. Accordingly, there were grounds for approving the applicant’s transfer to a correctional home (see paragraph 104 below). 39.  The sixth applicant, Mr Aidas Kazlauskas, was born on 21 September 1968 and is currently serving a life sentence in Lukiškės Prison. On 14 April 1995 the Šiauliai Regional Court found him guilty of aggravated murder and theft. He was sentenced to the death penalty. On 7 August 1995 the Court of Appeal changed the sentence to life imprisonment, on the basis of Article 24 of the old Criminal Code. The applicant has been serving his sentence for more than twenty-two years, since December 1994. 40.  Following the adoption of the new Criminal Code, the applicant asked the court to reclassify his crimes and to commute his sentence. In a final decision of 30 September 2003 the Court of Appeal held that there were no grounds for commuting the life sentence. 41.  In January 2005, following a proposal by Lukiškės Prison administration, the court decided to transfer the applicant to Pravieniškės Correctional Institution to serve the remainder of his life imprisonment sentence. The court held that as the applicant had received positive character assessments the transfer could be allowed. However, in April 2005 the applicant attempted to kill another life prisoner by stabbing him with a knife. The other prisoner survived only because he ran away and called for help. The applicant was then convicted of attempted murder and sentenced to twelve years’ imprisonment. The sentence was combined with the previous one and a final sentence of life imprisonment, to be served in [Lukiškės] prison (bausmę paskiriant atlikti kalėjime), was imposed. In his written appeal the applicant asked to be transferred back to Lukiškės Prison and never to be returned to freedom, because he was afraid of liberty. On 19 January 2007 the Court of Appeal upheld the conviction. 42.  The applicant’s yearly character assessment for 2012 showed that he had taken part in social rehabilitation and recreation (užimtumo) programmes for convicts. He had received no disciplinary punishments, but had been commended twice. The applicant worked in Lukiškės Prison. He had partly acknowledged his guilt but had shown no remorse at all for his crimes (nejaučia jokio sąžinės graužimo dėl padaryto nusikaltimo). 43.  According to his lawyer, the applicant has never asked to be pardoned by the President of the Republic. 44.  In 2015 the applicant asked the Vilnius Regional Administrative Court to refer to the Constitutional Court the question whether Article 158 of the Code for the Execution of Sentences, which prohibits life prisoners’ release on parole, was in compliance with Article 29 of the Constitution, which prohibits discrimination, and with Article 14 of the European Convention on Human Rights, as well as Article 1 of its Protocol No 12. 45.  By a ruling of 14 May 2015 the Vilnius Regional Administrative Court refused to accept the request for examination. The administrative court noted that under Article 4 § 2 of the Law on Administrative Proceedings it could ask the Constitutional Court for interpretation of a legal norm if it considered, in a particular case, that that norm could be unconstitutional (see paragraph 108 below). Referral of a question to the Constitutional Court was within the discretionary powers of the administrative court, and the parties’ wish to have the question referred to the Constitutional Court did not bind the administrative court. In the applicant’s case, his request was of a general nature, therefore such a request could not be examined. 46.  The seventh applicant, Mr Piotr Gervin, was born on 20 November 1984 and is currently serving a life sentence in Lukiškės Prison. On 17 March 2010 the Klaipėda Regional Court found the applicant guilty of aggravated murder and robbery. He started serving his life sentence seven years ago, in March 2010. 47.  In the applicant’s annual character assessment for 2011, the Lukiškės Prison administration stated that he had taken part in social rehabilitation programmes and had reacted to them satisfactorily. He had not committed any breaches of discipline. He worked in the Lukiškės Prison and had been commended once. He had admitted his guilt. He had taken part in individual and collective discussions, but without showing much interest. 48.  The applicant is not yet entitled to apply for a presidential pardon (see paragraph 76 below). 49.  The eighth applicant, Mr Edmundas Svotas, was born on 1 January 1983. He is serving a life sentence at Lukiškės Prison. On 13 April 2010 the Panevėžys Regional Court found the applicant guilty of a number of crimes, including two aggravated murders, six robberies and illegal possession of a firearm. For all the crimes committed a final combined sentence of life imprisonment was imposed. The term of the sentence started nine years ago, in February 2008. 50.  The applicant’s yearly character assessment for 2011 conducted by Lukiškės Prison administration disclosed that he had taken part in social rehabilitation and recreation programmes and had reacted to them satisfactorily. He was tactful, maintained constant contact with his family, had received no disciplinary penalties and had admitted his guilt. 51.  The applicant is not yet entitled to apply for a presidential pardon (see paragraph 76 below). 52.  The relatives of some of the applicants in this case (K. Matiošaitis, R. Lenkaitis, A. Kazlauskas, S. Katkus and J. Maksimavičius) or of other life prisoners have addressed the State authorities asking for legislative amendments establishing the possibility of parole for life prisoners in Lithuanian law. Their pleas and the authorities’ replies may be summarised as follows. 53.  By a petition of 19 November 2007, J.B., another person sentenced to life imprisonment, filed a petition with the Seimas (the Lithuanian Parliament). He pointed out that life prisoners were a separate category of convict. After having served ten years in prison, they could ask for a milder detention regime – to be transferred to a correctional home. Nonetheless, the punishment of deprivation of liberty remained for life and they had no right to early release. He also maintained that because the punishment – deprivation of liberty – remained the same, many persons sentenced to life imprisonment did not ask to be transferred to a correctional home. 54.  J.B. also noted that life prisoners were serving sentences for crimes of varying gravity – some had been convicted for one murder, others for multiple murders. He argued that if the possibility of early release were established in Lithuanian law, it would be a motivating factor for prisoners to learn social rehabilitation skills, and thus to reform. 55.  On 1 April 2008 the Seimas granted the petition. A working group was created to consider legislative changes concerning the possibility for life prisoners to be released on parole. 56.  In January 2009, the Ministry of Justice informed life prisoners’ relatives that it was preparing legislative amendments and consulting other institutions and legal scientists. 57.  A month later, the Committee on Legal Affairs (Teisės ir teisėtvarkos komitetas) of the Seimas wrote to the petitioners stating that while Lithuanian penal legislation was in conformity with the European Convention on Human Rights, the Committee did not disregard the possibility that because society had developed, penal legislation could also evolve. 58.  By a letter of 5 July 2013, the Ministry of Justice informed the third applicant, S. Katkus, that on 22 December 2011 the Seimas had amended the Code for the Execution of Sentences, including its provisions on conditional release. Nonetheless, the stipulation that life prisoners would not be released on parole remained intact. A working group had been created within the Ministry to discuss the issue further. The Ministry also observed that once persons sentenced to life imprisonment had served at least ten years of their sentence, they could ask the President of the Republic for a pardon. The President had once already changed life imprisonment to fixed‑term imprisonment. Moreover, the Seimas could declare an amnesty. Lastly, a person could be released from prison if he or she fell terminally ill. The Ministry reiterated that Lithuania was not obliged under European Union law or any international treaties to regulate the issue in one way or another, because penal policy was the State’s own prerogative. 59.  By a letter of 18 July 2013, the Committee on Legal Affairs of the Seimas informed the third applicant, S. Katkus, that the question of release on parole for life prisoners whose behaviour indicated that they were no longer dangerous to others was very complex and had wide social, legal and moral repercussions. Nonetheless, the issue was being discussed at the Ministry of Justice, so that the optimal suggestions for legal reform could be presented. The Committee was confident that the penal system, as established in the new Criminal Code, was in line with international standards. 60.  In May 2015 the fourth applicant, V. Beleckas, raised the exclusion of life prisoners’ release on parole with the Ministry of Justice. On 26 May 2015 the Vice-Minister of Justice replied that it was desirable to see firstly whether a life prisoner had reformed, and then to transfer him to a correctional home where the regime was milder. Release on parole was possible only when a life prisoner proved that he or she did not pose a danger to others. Given that the present case was pending before the European Court of Human Rights, it would be useful to consider any new grounds for life prisoners’ release only after the Court delivered its judgment. The Vice-Minister lastly mentioned amnesty, pardon and release because of incurable illness as the existing ways of mitigating life sentence.