JUSTICE FOR ALL 3.2 TRANSFER OF PRISONERS 3.2.1 TP AND FUNDAMENTAL RIGHTS The transfer of prisoners covers custodial sentences or measures involving deprivation of liberty and allows for the transfer of a sentenced person from one Member State to another Member State for the execution of a custodial sentence or measure involving deprivation of liberty. The rationale behind the Framework Decision is to facilitate social rehabilitation by enabling sentenced persons to serve their sentences in the environment where they have the strongest social connections and support. When it comes to fundamental rights, the TP FD includes the common recital as well as the common article (see Section 3.1.1). The TP FD also contains: Recital (14): “This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.” 3.2.2 TP AND PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES The TP FD does contain certain provisions relevant for detainees with intellectual and/ or psychosocial disabilities, including the following: Art 1(b): “(…)‘sentence’ shall mean any custodial sentence or any measure involving deprivation of liberty imposed for a limited or unlimited period of time on account of a criminal offence on the basis of criminal proceedings.” Art 9: “1. The competent authority of the executing State may refuse to recognise the judgment and enforce the sentence, if: (…) (k) the sentence imposed includes a measure of psychiatric or health care or another measure involving deprivation of liberty, which, notwithstanding Article 8(3), cannot be executed by the executing State in accordance with its legal or health care system. (…) 3. In the cases referred to in paragraph 1(a), (b), (c), (i), (k) and (l), before deciding not to recognise the judgment and enforce the sentence, the competent authority of the executing State shall consult the competent authority of the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any necessary additional information without delay.” However, the TP FD does not provide for specific procedural accommodations for persons with intellectual and/or psychosocial disabilities. For example, most EU Directives and Recommendations are not applicable at the post-trial stage. The TP FD thus includes fundamental rights guarantees both in its Recital and in the common provision on Art 6 TEU, just like the EAW FD. Contrary to the latter, however, it does include relevant parts applicable to persons with psychosocial and/or intellectual disabilities in cross-border proceedings, notably providing a ground for refusal in cases whereby psychiatric medical treatments given as a sentence by the issuing state are not lawful in the executing state. Nonetheless, there is still a lack of provisions directly referring to persons with intellectual and/or psychosocial disabilities. 3.3 EUROPEAN SUPERVISION ORDER 3.3.1 ESO AND FUNDAMENTAL RIGHTS The ESO allows a judicial authority in a Member State where a person is suspected of having committed an offence to ask the state where the person resides to monitor compliance with pre-trial supervision measures. These measures consist of specific prohibitions or obligations in anticipation of the trial being held. This allows a suspected person to remain in their state of residence under supervision measures until the trial takes place in the issuing Member State instead of facing surrender under an EAW and pre-trial detention in the issuing Member State. It aims to promote, inter alia, social rehabilitation and non-custodial measures for non-residents (Art 1). 87