The right not to be disproportionate punished during the execution of imprisonment in the light of the rulings of the European Court of Human Rights

The right not to be punished is one of the new rights in the relationship between citizens and the government. This right is not mentioned in any of the articles of the ECHR; however, an examination of the rulings of the European Court of Human Rights shows that this right has not gone unnoticed by judges. One of the manifestations of the recent right is the verdicts related to imprisonment. Thus, contrary to popular belief, the right not to be punished is not limited to the stage of sentencing and the prohibition of the imposition of dignified or earlier punishments and the principle that the punishment is minimal; beyond that, the right remains in place during the execution of the sentence.

The present study was conducted in terms of data collection by documentary method and study of the Jurisprudence of the European Court of Human Rights and the obtained information was analyzed by descriptively-analytically method.

The present study has reached the conclusion that any imposition of disproportionate and unnecessary suffering and any illegal and irrational restriction of the basic rights of a prisoner offender during the execution of imprisonment in various physical and mental forms is a violation of this right. And is a guarantor for governments; because the transformation of a criminal human being into a static and aimless being is in conflict with the greatest goal of imprisonment, namely, rehabilitation and socialization of criminals.