NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE 18 major overcrowding problem.13 Refusals to surrender persons under the EAW were confirmed by a legal expert interviewed: „The situation is so that according to the case law of the European Court of Human Rights, which in its turn is based on the findings of the European Committee on the Prevention of Torture, Lukiskes14 used to be a prison, where it was presumed that if a person was admitted to prison, they would be subjected to conditions that violate human rights. Now, Šiauliai Remand Prison essentially is in the same situation. Because whenever we talk about detention in the Šiauliai Remand Prison, the European Court of Human Rights immediately talks about remuneration with Lithuania.“15 Regarding the identification of intellectual and/or psychosocial disabilities in EAW cases, experts point out that currently there is no formalised procedure or guidelines for this: European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (2014), Report to the Lithuanian Government on the visit to Lithuania. Available in English: https://rm.coe.int/1680697367. 14 Lukiškės Prison was closed in 2019 and the prisoners were dispersed to other detention facilities. 15 Quote from one of the semi-structured interviews. 13