NATIONAL TRANSPOSITION OF THE FRAMEWORK DECISIONS the detainee), it can be established that he did not consent to the sending of the court decision and the notification to Bulgaria, stating as reasons the poor conditions in the prisons in Bulgaria and that he would receive no visits once there. The Bulgarian court nonetheless decided that the man should be placed under compulsory treatment in a regular psychiatric hospital near his place of residence in Bulgaria. 4.3.2 CONSENT FOR TREATMENT Transfers from one state to another constitute an important part in FDs proceedings, as it could easily lead to fundamental rights and procedural rights violations of persons with intellectual and/or psychosocial disabilities compared to other measures. However, some of these other measures also represent a challenge for persons with intellectual and/or psychosocial disabilities when it comes to safeguards, namely, the obligation to undergo medical treatment. As shown by the comparative tables on national transposition laws, not all domestic legislation contains provisions on medical treatment. Regarding the ESO FD, only Austria430 and Slovenia431 have included an article on treatment. Regarding the TP FD, Austria432 and Germany433 have no provisions on treatment. Concerning the ESO FD, some Member States have changed the content on consent regarding the supervision measure imposing therapeutic treatment while transposing the EU text. Medical treatment is presented in the FD as an optional supervision measure as opposed to a mandatory one.434 Austria stated that national law transposed such an optional supervision measure into a compulsory measure, provided that the person concerned consented to said measure, which strikes a balance.435 In Lithuania, although the obligation contained in the transposed legislation to undergo therapeutic treatment or treatment for addiction is included in the list of non-custodial penalties, there is no such obligation in the list of supervision measures.436 Slovenia stated that national courts could execute supervision measures by applying mutatis mutandis the 100 provisions of the Criminal Code regarding measures of custodial supervision or security measures.437These include an obligation to undergo therapeutic treatment or treatment of addiction, which is enforced by custodial supervision with the ordering of treatment in an appropriate medical institution, and if the person consents, also to treatment of addiction to alcohol or drugs. This means that the individual is not required to give their consent in the case of orders involving medical treatment. Slovenia also mentioned that, when an order to undergo treatment is issued, there is not even a list of national institutions that implement such measures in the country, although the obligation to prepare such a list was prescribed over a decade ago.438 4.3.3 CONSENT FOR IN ABSENTIA HEARINGS Another part of the proceedings included in the framework decisions and which must be highlighted in respect of the specific situation of vulnerable persons is hearings. They can be considered as the continuation of a consent requirement as hearings exist to inform the person involved about their situation and ensure they understand the proceedings as well as ask if they have questions. However, it was observed that most hearings could be held in absentia in the context of the four FDs. While there can be instances where in absentia hearings are possible and adapted, one must see that such acceptance cannot so easily be applied in a case involving a person with intellectual and/or psychosocial disabilities. Regarding the EAW FD, the relevant provision is Art 14 on hearings and consent to surrender, which states that “where the arrested person does not consent to his or her surrender as referred to in Article 13, he or she shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing Member State.” The specific aspect on in absentia hearings focused on by partner countries was, however, the trial hearing and not on the hearing dedicated to ensure consent is given before a surrender. This provision is Art 5 and states that: