Tokens: In
Del
Río
Prada
,
after
final
sentence
was
handed
down
,
remissions
that
the
applicant
had
already
worked
for
were
no
longer
deducted
from
her
sentence
and
a
new
system
was
imposed
which
extended
her
imprisonment
.
This
measure
was
considered
to
be
a
“
penalty
”
under
Article
7
.
By
contrast
,
the
present
case
concerns
neither
an
extension
of
sentence
nor
a
redefinition
of
the
scope
of
the
penalty
imposed
.
Unlike
the
situation
that
the
applicant
in
Del
Río
Prada
faced
,
the
present
applicant
would
not
(
according
to
any
calculation
)
suffer
an
adverse
effect
as
a
result
of
the
domestic
courts
’
combining
his
sentence
to
thirty
years
.
Article
53
§
2
(
2
)
does
not
even
directly
govern
the
sentence
that
should
be
imposed
for
offences
such
as
murder
.
It
is
merely
a
procedural
provision
that
governs
the
procedure
for
combining
multiple
sentences
.
In
this
respect
,
Article
53
§
2
(
2
)
appears
to
be
purely
a
provision
that
regulates
the
enforcement
of
the
sentence
.
Accordingly
,
that
Article
should
not
be
construed
as
constituting
a
“
penalty
”
under
the
Court
’s
case
-
law
.
Thus
,
the
pre
-
condition
for
triggering
the
applicability
of
Article
7
has
not
been
met
.
Labels: O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O