the relevant department within the Ministry of Justice, with judicial oversight in terms of appeals. The Study therefore takes into account the different executing bodies. Furthermore, the focus of the role of judges will be limited to the effects of the prevention of ill-treatment. It will consider criminal processes, in terms of pre-trial detention, and sentencing post-conviction, and administrative law in so far as the result of a decision made by a court will result in the imprisonment of an individual, for example, in the case of the execution of an EAW. When speaking broadly of ‘rights’ it is clear that many rights come into play when a person is imprisoned or extradited. In particular Article 5 ECHR, Article 6 CFREU the right to liberty, and stemming from that, arbitrary detention, Article 6 ECHR due process, Article 47 CFREU Right to a fair trial, Article 8 ECHR family and privacy rights, Article 7 CFREU respect for private and family life. To this end, where those rights are considered, for the purpose of this Study it will be through the lens of Article 3 ECHR, as this Study is particularly focusing on the prevention of ill-treatment in the application of EU law. methodology The Study began with a comprehensive desk research phase, which involved analysing the relevant legal instruments, the case law, and practices across the EU. It was followed by quantitative research, using surveys sent out to judges across the EU that work with mutual recognition instruments and EU National Preventative Mechanisms. The questions were for the most part closed, and were directed at NPMs and members of the judiciary across the EU. All 22 eligible EU NPMs provided replies in the framework of the survey for NPMs and 31 judges across the EU participated in the survey for judges. Following on from the survey as the accompanying desk based research, there were two workshops. The first workshop was held in Trier between the 21st - 22nd April 2016 where judges from across the EU, as well as a number of experts, attended. There was a separate workshop for NPMs organised on the 7th-8th June 2016 in Vienna. At each of the events, a targeted baseline Study was prepared as the foundation for exchange and discussion. Arising from the information obtained during the course of these workshops, the next phase focused on a qualitative based research. This included follow up targeted interviews undertaken with almost all NPMs and a number of Judges and experts from the SPT, CPT, FRA, APT, and European Commission as well as through an analysis of legal commentary, and national and regional case law. These involved open ended questions exploring and developing the issues raised from the surveys and workshops. The final conference held between the 16th-17th November 2016 brought together representatives from NPMs, judges and experts from the Council of Europe, the European Committee for the Prevention of Torture (CPT), the UN Subcommittee on the Prevention of Torture (SPT), the EU Commission, EU Agency for Fundamental Rights (FRA), civil society organisations and practitioners. The aim was to present the research findings, create a platform for engagement between NPMs and judges, and to promote discussion and find common grounds of work going forward. The broad range of perspectives and experiences present at the conference ensured to refine practical recommendations in the final Study based on conclusions drawn from the direct experience of judges and NPMs. 13

Select target paragraph3