4. Conclusions
The conducted research shows that the Slovenian national framework concerning
deprivation of liberty and alternatives/probation does not have the concept of
vulnerability incorporated. It seems that the Commission Recommendation of 27
November 2013 on procedural safeguards for vulnerable persons suspected or accused in
criminal proceedings has had no impact in the Slovenian criminal justice system, including
the cross-border proceedings.
Cross-border proceedings
The national legal framework concerning the application of cross-border instruments
does not contain any provisions regarding the applicability or the manner of application
of EAW to persons with intellectual and/or psychosocial disabilities or in general persons
in a situation of vulnerability.
Little is known about the position of persons with psychosocial and/or intellectual
disabilities in cross-border proceedings. While it seems that there are few cases of persons
with psychosocial and/or intellectual disabilities subjected to cross-border proceedings as
indicated by the absence of caselaw and also cases reported by our interviewees, there
are reasons for concern that this may also be the result of insufficient identification and
assessment mechanisms.
The absence of concrete safeguards for persons with psychosocial and/or intellectual
disabilities may result in excessively formalistic approaches of the authorities that are
incapable of recognising the risks for the fundamental rights of the persons in crossborder proceedings.
However, our research shows that there is a general lack of knowledge vis-à-vis the four
framework decisions and their application, particularly the framework decisions
concerning Transfer of Prisoners, European Supervision Order, and Probation and
Alternative Sanctions. It seems that practitioners – individual lawyers, judges and
prosecutors only rarely deal with cross-border cases as there is no central authority. This
lack of specialisation, not only of lawyers but also judges and prosecutors, could present
an issue when it comes to the protection of rights of the requested persons in general.
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