JUSTICE FOR ALL 3.4 ASUPERVISION OF PROBATION MEASURES AND ALTERNATIVE SANCTIONS 3.4.1 PAS AND FUNDAMENTAL RIGHTS The PAS FD allows for the transfer of a sentenced person to a different Member State to serve a non-custodial sentence imposed by the original issuing state. It allows convicted persons who want to move to their home country to serve their non-custodial sentence there without the risk of violating the terms of their sentence by moving to another Member State (and subsequent arrest and surrender under the EAW because of such violation). It aims to ensure the due course of justice and promote non-custodial measures for non-residents (Art 2). It enables sentenced detainees to serve within an environment in which they have the strongest social and cultural bonds, relations and support, and gives them the best chances of rehabilitation.342 Together with the ESO, it was adopted to mitigate the risks created by the EAW and strengthen alternatives. When it comes to fundamental rights, the PAS FD includes the common recital as well as the common article (see Section 3.1.1). The PAS FD also includes: Recital 16: “A Member State may refuse to recognise a judgment and, where applicable, a probation decision, if the judgment concerned was issued against a person who has not been found guilty, such as in the case of a mentally ill person, and the judgment or, where applicable, the probation decision provides for medical/therapeutic treatment which the executing State cannot supervise in respect of such persons under its national law.” Even though the PAS FD applies to non-custodial measures and therefore the risks for fundamental rights violations are lower, fundamental rights risks should still be assessed, just like for the ESO FD. This could, for example, be the case when the person concerned is subjected to a measure of medical/therapeutic treatment that is not compatible with international standards (e.g., certain non-consensual practices). 3.4.2 PAS AND PERSONS WITH PSYCHOSOCIAL AND INTELLECTUAL DISABILITIES The PAS FD does contain certain provisions relevant for defendants with intellectual and/ or psychosocial disabilities. While in principle, all supervision measures indicated under Art 4 could be applied also to defendants with intellectual and/or psychosocial disabilities, certain measures are explicitly targeting this group. Art 4 includes: ��an obligation to undergo therapeutic treatment or treatment for addiction.” Contrary to the ESO FD, these measures are all applicable and no additional notification procedure is necessary. The following additional provisions are to be noted, as they could also be relevant for persons with intellectual and/psychosocial disability: Art 11: “The Competent authority of the executing State may refuse to recognize the judgment or, where applicable the probation decision if: … i) the judgment or, where applicable the probation decision provides for medical/therapeutic treatment which, notwithstanding Article 9, the executing State is unable to supervise in view of its legal or health-care system.” However, the PAS FD does not provide special procedural accommodations for persons with intellectual and/or psychosocial disabilities. For example, most EU Directives and Recommendations are not applicable in the post-trial stage. This may also be problematic for the provisions on consent. The PAS FD thus contains provisions on fundamental rights both in its recitals and in its common provision on Art 6, just like the three other afore-mentioned FDs. It also contains certain provisions which could apply to individuals in situations of vulnerability, as well as specific parts directly targeting persons with intellectual and/or psychosocial disabilities. 89