Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers
The Sustainable Development Goals
and measuring access to justice
The United Nations 2030 Agenda for Sustainable
Development includes Sustainable Development
Goals (SDGs). Among the 17 SDGs, goal 16 is concerned with “peace, justice and strong institutions”. Global efforts are made to measure the
various targets contributing to the goals. For goal
16 there are 12 targets, one of which (16.3) relates
to access to justice: “Promote the rule of law at
the national and international levels and ensure
equal access to justice for all”. This in turn has two
indicators that will be populated with data in the
years to come, and benchmarks will be set as to
what should be achieved by 2030. The first of the
two indicators concerns the proportion of victims
of violent crimes who reported their victimisation
to some form of official complaint mechanism.
The other one (16.3.2) deals with “unsentenced
detainees as proportion of overall prison population”. While the benchmark for the level to be
achieved for this indicator is yet to be determined,
it will encourage a reasonably low rate of pre-trial
detainees (unsentenced) compared to the overall
number of detainees.
Source: UN, Sustainable development knowledge platform; UN,
Economic and Social Council, E/CN.3/2016/2/Rev.1, 19 February
2016, p. 62
Chapter 4 deals with alternatives to detention and in
that context also explores international human rights
standards.
3.1. Extent of detention
Improved methodology for collecting
data on alternatives to detention
The extent of detention in Europe is fairly well documented, with data being collected from national public
sources, such as prison administrations, government
ministries or statistical offices, often through questionnaires. There are some methodological concerns that
compromise the comparability of the data across countries, including national definitions of categories that do
not clearly distinguish, for instance, between detention
and alternatives to detention. Still, the larger picture
that emerges is relatively reliable and comparable. The
main collectors of this data are the following (with some
details on coverage):
The European Institute for Criminal Prevention and
Control (HEUNI) conducted a project that sought to
improve and complement existing standards for
defining and categorising community sanctions
and measures as well as assessing attrition. A final report was published in 2014.
• UNODC, with data from 2003 to 2015, including disaggregation by pre- and post-trial, gender and children
(juvenile);133
• The Council of Europe’s Annual Penal Statistics
(SPACE, Statistiques Pénales Annuelles du Conseil
133 UNODC (2013).
54
de l’Europe), with data from 1983 to 2015, include
two main strands:134
a. SPACE I, on number of detentions (pre- and posttrial), includes data disaggregated by type of
crime but also number of places available in penal
institutions, surface area per inmate, age structure of post-trial detainees, number of children,
female percentage, percentage of foreign inmates
(EU and non-EU), length of sentences, escapes,
deaths, costs, as well as the number of penitentiary staff;
b. SPACE II, on number of sanctions that are not
strictly detention (non-custodial or semi-custodial
sanctions and measures – so-called alternatives
to prison), includes information on administrative structure of probation services, but does not
include data on children (juveniles);
• Eurostat-UNODC joint data collection on crime and
criminal justice statistics from 2008–2013;135
• The European Institute for Criminal Prevention and
Control (HEUNI), European Sourcebook of Crime and
Criminal Justice Statistics (currently fifth edition),
with data from 2007 to 2011, deals with detention in addition to crime statistics during criminal
investigations;136
• Institute for Criminal Policy Research, University
of London, World Prison Brief (WPB), contains two
strands:137
a. World Pre-trial/Remand Imprisonment List (latest
data, second edition, 2014), with data from 2014
b. World Prison Population List (latest data, eleventh
edition, 2016).
Source: European Institute for Crime Prevention and Control,
affiliated with the United Nations (2014), Recording Community
Sanctions and Measures and Assessing Attrition. A Methodological
Study on Comparative Data in Europe, Helsinki
Figure 4 shows the change in the total number of persons in detention in the 28 EU Member States between
2008 and 2014.
134 Council of Europe Annual Penal Statistics (SPACE), hosted by
the University of Lausanne (UNIL). The EU provides funding
to the Council of Europe in support of this data collection.
135 European Commission, Eurostat (2015).
136 The European Institute for Crime Prevention and Control
(HEUNI) (2014).
137 World Prison Brief (WPB).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents