Kathy E <[EMAIL PROTECTED]> writes: The European Human Rights Commission said Friday it would hear an appeal from two British boys sentenced to open-ended jail terms for murdering two-year-old James Bulger in 1993. Lawyers for the pair, who were 11 at the time of their conviction, claim their trial in an adult court, amid blanket media coverage, constituted "inhuman and degrading treatment or punishment," contrary to the Convention on Human Rights. Rex Makin, the lawyer for James Bulger's father Ralph, condemned the comission's decision. "The knife is turned further into the wound of the grief of the Bulgers ... They are not allowed to let matters settle down," he said. The mother, Denise, said she was "totally disgusted" with the latest twist in the affair. "They got 15 years and they should serve 15 years. They say they were unfairly treated but what chance did James have?" she said. James' aunt, Karen Bulger, agreed. "I think it's the wrong decision. They got a fair trial. They were treated as kids, they were interviewed as kids by the police. "They should stop doing this and accept their punishment," she said. According to a statement released by the commission, the lawyers said their clients had been traumatised by a trial which they did not understand. They also objected to the length of the sentence served on the two boys following their conviction in November 1993. The trial judge recommended they should serve a period of eight years. A letter from the home secretary later said they should serve a period of 15 years, on the basis of a recommendation by the judiciary. In the application to the Human Rights Commission, the pair's lawyers denounced the sentence as "disproportionately long" and fixed without regard to the need for rehabilitation. The two boys were found guilty of killing the toddler who they abducted when they were aged 10 from a shopping centre, then battered to death and left on a railway track where he was repeatedly run over by trains. Although the names of the young murderers were not disclosed during the hearings at Liverpool Crown Court, northwestern England, the judge ordered them to be made public at the end of the trial. Denying that the two boys were subjected to "inhuman or degrading treatment," the British government has pointed out that they are receiving education, training, health and recreation activities, the commission statement said. The commission statement said the body would attempt to bring about an agreement between the applicants and the British government. However, if agreement cannot be reached, the commission will draw up a report and decide whether the British government has breached the human rights convention. John Wadham, director of the British human rights group Liberty welcomed the commission's findings. "The decision of the European Commission of Human Rights is important and we hope it will lead to a fairer system of justice where juveniles are dealt with in appropriate courts. "And more importantly, only courts and not politicians have a right to decide how long people spend in prison and whether or not they are released," he said. -- Kathy E "I can only please one person a day, today is NOT your day, and tomorrow isn't looking too good for you either" http://members.delphi.com/kathylaw/ Law & Issues Mailing List http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
