Facts
In 1991, Z., a Tunisian national born in 1961, was sentenced by the Assize Court of the Canton of Geneva to life imprisonment and life expulsion for having committed, between 1981 and 1987, five murders, one failed murder attempt, seven aggravated robberies, three thefts, and one endangerment of life. Given the serious and objective danger represented by the convict, he was placed under a reinforced security regime for a large part of his detention.
In 1998 and 1999, Z. submitted two requests for conditional release, which were rejected by the Geneva Conditional Release Commission. The Administrative Tribunal of the Canton of Geneva confirmed these decisions, considering that a favorable prognosis regarding Z.'s future conduct in freedom could not be made with sufficient certainty due to the remaining doubts about his medical follow-up and the degree of his potential reform.
Considerations
The Criminal Cassation Court of the Federal Tribunal dismissed Z.'s appeal against the decision of the Administrative Tribunal. It considered that the cantonal authority had not abused its broad discretionary power in concluding that it could not make a favorable prognosis, given the still-present risk of recidivism.
The Court emphasized that, in the case of a life-sentenced convict for serious crimes, the protection of public safety is of paramount importance. Consequently, conditional release is only conceivable if a psychiatric…