CONCLUSIONS
conditions, overcrowding, lack of specialised
staff, and non-compliance with international
standards in terms of isolation, restraint
measures, overuse of medication, and
non-consensual treatment were highlighted.
In prisons, the prevalence of intellectual and/
or psychosocial disabilities was found to be
high, with inadequate support and services
leading to isolation and segregation.
Several issues and shortcomings regarding
alternatives and probation for defendants
and detainees with intellectual and/or
psychosocial disabilities were identified,
highlighting a stagnating and unsuited legal
framework. Persons with these disabilities
often receive lengthy prison sentences due
to unsuitable legislation, and non-custodial
measures, considered 'alternatives,' should
become real options rather than deviations
from the default. Post-release support
tailored for persons with these disabilities
is lacking, impacting reintegration prospects
due to inadequate services and housing
options.
114
The examination of the four key EU instruments employed in cross-border criminal
proceedings—namely, the European Arrest
Warrant Framework Decision, the Transfer
of Prisoners Framework Decision, the
European Supervision Order Framework
Decision, and the Probation and Alternative
Sanctions Framework Decision— revealed
a fragmented state in the protection of
individuals with psychosocial and/or intellectual disabilities. While general provisions
ensure fundamental rights respect, specific
safeguards addressing unique needs are
lacking. The EU jurisprudence complicates
demonstrating fundamental rights violations,
reinforcing a presumption of compliance.
At the national level, Member States
exhibit variability, leading to a fragmented
domestic rights landscape. Partner countries
reported inadequacies in addressing consent
in legislation, a lack of awareness regarding
framework decisions, and a need for coordinated efforts at both EU and national levels
to fortify the protection of vulnerable individuals in cross-border criminal proceedings.
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