-12
“Solitary confinement can
cause serious health problems
to the isolated person.”
1.INTRODUCTION
Project background
This Handbook has been written in the framework of the EU Project
“Improving judicial cooperation across the EU through harmonised
detention standards - the role of National Preventive Mechanisms”,
implemented by the Ludwig Boltzmann Institute of Fundamental and
Human Rights, and in cooperation with the Hungarian Helsinki Committee,
Bulgarian Helsinki Committee and the Associazione Antigone.
The latest case-law of the European Court of Human Rights (ECtHR) as
well as recommendations by international and national torture prevention
bodies show that no European Union (EU) Member State has eradicated
the problem of ill-treatment in prisons, and that there are significant
disparities between penal systems within the EU.1 This raises a major
challenge for EU cross border cooperation. Judges must verify that
fundamental rights, especially the prohibition of torture and ill-treatment,
are respected before they can implement mutual recognition instruments.2
The latest available statistics concerning the European Arrest Warrant
1. See ECtHR, The European Court of Human Rights in Facts and Figures: 2019 (2020) <https://www.echr.
coe.int/Documents/Facts_Figures_2019_ENG.pdf> pp 10-11. There are 180 cases of violations of Art 3
ECHR in the Council of Europe Member States, 70 of which (as correctly stated in the text) concern EU
countries. Those 70 cases translate into 55 direct cases of torture or ill-treatment (under Art 3), 10 cases
where states have not conducted effective investigations (under Art 3) and 5 cases where a conditional
violation was found (under Art 2/3).
2. Relevant EU instruments are: the Council Framework Decision of 13 June 2002 on the European arrest
warrant and the surrender procedures (2002/584/JHA), Recital 12; and the Council Framework Decision
2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for
the purpose of their enforcement in the European Union, Recital 13 and Art 3. See also CJEU, Aranyosi
and Căldăraru; Joined Cases C‑404/15 and C‑659/15 PPU, 5 April 2016; CJEU, ML, C‑220/18 PPU, 25 July
2018; CJEU, Dumitru-Tudor Dorobantu. C‑128/18, 15 October 2019; and for a more detailed overview
EUROJUST, ‘Case law by the Court of Justice of the European Union on the European Arrest Warrant’
(2020)<https://www.eurojust.europa.eu/sites/default/files/2020-09/2020-03_Case-law-by-CJEUon-EAW_EN.pdf>.