EU instruments: The Framework Decisions
examples of best practices in relation to the availability of information on the Framework Decisions. Additional promising practices are described throughout this
report. The following three examples are highlighted
as transferable promising practices.
In Ireland, 49 the Probation Service has an ‘international
desk’ to deal with transfers of sentenced persons subject to probation or other supervision orders and other
requests. For both inward and outward transfers, the sentenced person can seek assistance by contacting the ‘international desk’ through their assigned probation officer.
It is then up to the probation services of the two countries involved to liaise regarding the transfer application.
If a translator or interpreter is required to complete the
procedure, this is provided by the court. The authorities, if
in agreement, will then come to an informal arrangement
for carrying out the order in the other jurisdiction.
As far as inward transfers are concerned, the Probation
Service in Ireland shall undergo relevant inquiries, including with the family of the sentenced person to assess
familial and other connections. The Probation Service also
tries to assign someone to the sentenced person to ensure
that they have adequate support on arrival. Sometimes
no direct equivalent community sanction is available in
Ireland – for example, Ireland does not impose electronic
monitoring, something which is common in England and
Wales. However, a pragmatic and constructive approach is
taken in these cases, with a coherent – though not identical – sentence agreed on. This may require the agreement
of the sentencing court in the issuing state.
In Ireland, when a case is prepared, the key questions
asked in both inward and outward transfers are:
• Do they have a base in the country to which they are
to be transferred?
• Do they have family support in the country to which
they are to be transferred?
• Is it in their best interests to be transferred? (including humanitarian concerns)
• How will it affect their rehabilitation?
• Are there any significant risks or dangers?
In Poland there is a noteworthy practice of a purely
informative nature: the prison service provides a compendium. It aims to help detainees understand their
rights and to increase their awareness of the rules
governing the execution of their sentence by providing information in a more practical and standardised
manner. The compendium is a source of practical information regarding the process of transferring prison sentences abroad. It also describes the rules governing early
49 Although Ireland is still in the process of implementing the
Framework Decisions, it has a standard operating procedure
worth outlining as a transferable good practice.
conditional releases and prison furloughs in Poland. The
information is provided in eight languages. The compendium is available on the website of the Prison Service Board and in the penitentiary facilities.50
To enhance cooperation regarding sentenced persons between Germany and the Czech Republic and
Poland, specific contact points have been established.
Two “European Contact Points” exist in the PolishGerman and the Czech-German border regions; they
provide help with organizing and supervising community service in the respective home countries of the
sentenced offenders.51 As for the contact point at the
Polish-German border, the European Union has funded
a cooperative mechanism with the purpose of organizing and supervising community services in the respective home countries of the sentenced offenders. Once
a week, a representative of a legal assistance organization runs consultations for Polish citizens who have
been in conflict with German law. The center also plays
a mediatory role between victims and perpetrators.
In the United Kingdom, an online tool, ‘Tracks’,52 is
designed to help foreign national prisoners and professionals working with foreign national prisoners to plan
for their resettlement upon release. The project is commissioned by the National Offender Management Service of the United Kingdom (NOMS), and designed and
maintained by Praxis,53 a migrant advice NGO based in
London. It serves as an important informational resource
for prison and probation staff on a wide range of issues
related to this prisoner group, and aims to assist them in
their work on resettling foreign national prisoners abroad
in the context of deportations and prison transfers. It
was launched in January 2015. Prison and probation staff
can access ‘Tracks’’ via internet-enabled terminals and
on stand-alone computers using a ‘Tracks’ CD. Foreign
national prisoners can use the ‘Tracks’ toolkit themselves,
or assisted by ‘mentors’, other prisoners, or prison staff
on stand-alone computers using the ‘Tracks’ CD.
In Finland, the authorities charged with transfers of prisoners have developed handbooks to provide guidance
on, and encourage, transfers.54
50 Arabic, Bulgarian, English, French, German, Polish,
Romanian and Russian.
51 Germany, Europäische Beratungsstelle für Straffälligen- und
Opferhilfe (EBS). More information is available on the website
of the Sächsischer Landesverband für soziale Rechtspflege e.V.
52 More information is available on the organisation’s website.
53 More information is available on the organisation’s website.
54 The National Prosecutor’s Office has published three
handbooks targeting prosecutors, one for each of the three
Framework Decisions covered in this report (information
provided to FRA by representatives of the relevant
authorities in Finland). Similarly, in the European Economic
Area-state Norway, a handbook was developed with
an EU Member State to which the potential for transfers
of prisoners is great (information provided to FRA by
representatives of the relevant authorities in Norway).
33
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