35
SOERING v. THE UNITED KINGDOM JUDGMENT
remedies available under Virginia law serve the purpose of ensuring that the
ultimate sanction of death is not unlawfully or arbitrarily imposed.
Nevertheless, just as some lapse of time between sentence and execution
is inevitable if appeal safeguards are to be provided to the condemned
person, so it is equally part of human nature that the person will cling to life
by exploiting those safeguards to the full. However well-intentioned and
even potentially beneficial is the provision of the complex of post-sentence
procedures in Virginia, the consequence is that the condemned prisoner has
to endure for many years the conditions on death row and the anguish and
mounting tension of living in the ever-present shadow of death.
ii. Conditions on death row
107. As to conditions in Mecklenburg Correctional Center, where the
applicant could expect to be held if sentenced to death, the Court bases itself
on the facts which were uncontested by the United Kingdom Government,
without finding it necessary to determine the reliability of the additional
evidence adduced by the applicant, notably as to the risk of homosexual
abuse and physical attack undergone by prisoners on death row (see
paragraph 64 above).
The stringency of the custodial regime in Mecklenburg, as well as the
services (medical, legal and social) and the controls (legislative, judicial and
administrative) provided for inmates, are described in some detail above
(see paragraphs 61-63 and 65-68). In this connection, the United Kingdom
Government drew attention to the necessary requirement of extra security
for the safe custody of prisoners condemned to death for murder. Whilst it
might thus well be justifiable in principle, the severity of a special regime
such as that operated on death row in Mecklenburg is compounded by the
fact of inmates being subject to it for a protracted period lasting on average
six to eight years.
iii. The applicant’s age and mental state
108. At the time of the killings, the applicant was only 18 years old and
there is some psychiatric evidence, which was not contested as such, that he
"was suffering from [such] an abnormality of mind ... as substantially
impaired his mental responsibility for his acts" (see paragraphs 11, 12 and
21 above).
Unlike Article 2 (art. 2) of the Convention, Article 6 of the 1966
International Covenant on Civil and Political Rights and Article 4 of the
1969 American Convention on Human Rights expressly prohibit the death
penalty from being imposed on persons aged less than 18 at the time of
commission of the offence. Whether or not such a prohibition be inherent in
the brief and general language of Article 2 (art. 2) of the European
Convention, its explicit enunciation in other, later international instruments,
the former of which has been ratified by a large number of States Parties to