which the competent authority of the issuing State must communicate whether they still
request the transfer of execution.48
Absence of case-law
No national court cases concerning persons with intellectual and/or psychosocial
disabilities where transfer of prisoners was refused on fundamental rights grounds could
be identified. None were reported by our interviewees.
Findings from interviews and national roundtable discussions
In general, consulted stakeholders in our research did not report on practical experience
with transfer of prisoners. However, one interview revealed a case that was dealt with by
the Slovenian Human Rights Ombudsman.
Identified case
The Human Rights Ombudsman received a petition from parents of a person, Slovenian
national, who was prosecuted in Poland.49 It concerned a case that has received a lot of
attention from the public in Poland. In the proceedings it was established that they had
mental health issues, and the question of the person’s mental capacity was also
considered. In this respect, criminal proceedings took place in Poland. Their parents
became very concerned because they received information about the execution of the
security measure of compulsory psychiatric treatment and that even electric shocks are
allowed. Thus, they turned to the Human Rights Ombudsman for help. They wished to
achieve transfer to Slovenia. The Ombudsman contacted the Ministry of Foreign Affairs
and the Polish Ombudsman. In the end, the person was transferred to Slovenia and the
security measure was implemented at the Forensic Psychiatry Unit.
2.3. European Supervision Order
CCMMSEUA does not contain any provisions regarding the applicability or the manner of
application of European Supervision Order (ESO) to persons with intellectual and/or
psychosocial disabilities or in general persons in a situation of vulnerability.
48
Article 133(4) of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
49
Interview with a representative of the Human Rights Ombudsman.
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