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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