Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers FRA Opinion 8 To ensure effective implementation of the three Framework Decisions, and to stay true to their objectives, but also to ensure compliance with the  EU Charter of Fundamental Rights, in particular the right to human dignity (Article  1), the  EU and the Member States need to take further action to ensure that the three Framework Decisions cannot be interpreted in a manner that sees potential transferees as mere objects of transfer. Instead, all potential transferees should be involved in the process to ensure that they are aware of possibilities for transfers, and that they understand the transfer process and its consequences. Minimum rules  – which could be inspired by the  EU legislation on interpretation and translation, as well as on the right to information  – should be established to ensure that consent is provided based on a  sufficient level of information. Similarly, when consent is not required (possible under the Framework Decision on transfer of prisoners), it should be ensured that the information provided is adequate for a  sufficient level of understanding of the process and its consequences. Additionally, where consent for transfers is required, EU Member States should explicitly allow for withdrawals of such consent within a  certain time limit given the potential consequences of transfers for individuals. Member States should also consider an appropriate remedy for cases where potential transferees object to transfers. To strengthen mutual trust and, by extension, mutual recognition, Member States should apply similar rules on how to inform persons potentially subjected to transfer and how to obtain their consent or inform them about the transfer process and its consequences. Ensuring effective protection of victims’ rights In the context of cross-border transfers of suspects, accused and sentenced persons, victims’ rights to information and participation are affected. Two of the three Framework Decisions on transfers identify the protection of victims as overarching goals. Rights of victims 16 are not explicitly mentioned in any of the three Framework Decisions. The Victims’ Rights Directive – adopted three to four years after the Framework Decisions – contains relevant rules in this regard. FRA’s overall findings show that, while it is not common for Member States to address victims in legislation implementing the three Framework Decisions, some states in practice do take victims into consideration and keep them informed when organising and making decisions on transfers. While a victim’s right to information on transfers of suspects or sentenced persons is not established, the right to receive information related to an offender’s release or escape – including in transfer situations – stems from Article 6 (5) of the Victims’ Rights Directive. Regardless of whether or not Member States have laws or practices establishing victims’ right to receive information, FRA’s research suggests that, in general, information is not automatically offered but is dependent on victims actively requesting the information from authorities. FRA’s findings on the implementation of the Framework Decisions show that such rights are granted to victims in the post-trial phase only in a minority of Member States. However, the deadline for transposing the Victims’ Rights Directive –16 November 2015 – had not passed at the time of data collection for this research, and Member States are expected to make progress in this area in the coming months and years. FRA Opinion 9 To ensure effective implementation of the three Framework Decisions, further action is needed. Recalling and building upon FRA opinions from the 2015 report on Victims of crime in the  EU: the extent and nature of support for victims, EU Member States should introduce measures ensuring that – at all stages of the criminal process, including during the post-trial phase  – victims have access to information about their rights and available support services, as well as to relevant information about their cases, including postsentencing. Member States should implement the minimum standards established in Article  6 of the Victims’ Rights Directive, ensuring that victims also have a right to information, in crossborder settings through effective EU cooperation – including the right to be informed of suspects’/ sentenced persons’ transfers or release.