dealing with them fairly and effectively. Almost all instruments that regulate
international prison transfers specify social rehabilitation as one of the
grounds for supporting such transfers. The transfer of foreign sentenced
persons to serve their sentences in their home countries is an alternative way
of implementing a sentence. All other things being equal, sentenced persons
who serve their sentences in their home countries can be better rehabilitated
and reintegrated into the community. This is a positive reason for transferring
sentenced”.237
National Practice
In Austria the Ministry for Justice assesses the benefits of the transfer using criteria such as the views
of the individual concerned, citizenship and residence, and family ties.
The Netherlands has a particularly well developed system for the assessment of the transfer of prisoners, comprising of social workers that visit prisoners abroad in order to assess whether it would
be appropriate to transfer the individual for the purposes of rehabilitation.238 The Experts Working
Group evaluating FD TOP particularly emphasised the need for this assessment process in particular
where the transfer is voluntary, noting that where it is compulsory, ‘the question regarding social
rehabilitation is de facto no longer deemed relevant by some authorities, since the issuing Member
State makes the assumption that a transfer is in the persons’ best interest.’
The Netherlands also have a body, called the International Office, that is under the auspices of the
Dutch Probation Service, comprised by volunteers. The International Office aims to improve rehabilitation services, lower recidivism, and support Dutch nationals service prison sentences abroad
through the provision of information relating to their repatriation and return to the Netherlands on
completion of the sentence, but also through advising and coordinating the transfer of sentences
within Europe and the Netherlands. This organisation also publishes materials in English, prioviding
information on the process of seeking to be transferred to the Netherlands during the course of a
sentence. It also contains a ‘databank’ with information about the probation practices useful contacts across the EU. For Dutch citizens detained in other countries, their first visit, as is often the
case, is from the Consulate or Embassy. During this visit they are informed of the work and given the
contact details of the International Office. Once the International Officer services are engaged, prisoners receive frequent visits from its volunteer members, to plan for their future post release, and
serves as a link to the aftercare services established in the Netherlands for prisoners on their release.
In addition the individual visiting reports prepared as well as the information gathered, forms part
of the actual transfer process, as it is all forwarded to the Dutch authorities, in particular the Public
Prosecution Service, and the International Tranfer of Sentenced Persons Division and the Judicial
Institutions Service for further consideration. 239
Evaluating FD TOP, therefore requires consideration of the far reaching provisions, including the
transfer of individuals without consent, and the removal of double criminality. It raises issues relating to the compatibility of free movement of persons, but also acknowledgment that it seeks to
improve the rehabilitation of prisoners, addresses recidivism and facilitates social integration. These
significant measures can reduce overcrowding which in turn can serve to better the conditions that
237
http://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/Prevention_of_Recidivism_and_Social_
Reintegration_12-55107_Ebook.pdf page 136.
238
Europris Expert Group on Framework Decision 909 page 7.
239
International Office publication ‘Probation doesn’t stop at the border- About the work of the International Office’ Bureau
Buitland available at https://www.reclassering.nl/documents/Algemene%20brochure_ENG_WEB.pdf.
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