Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers important factor considered by the Irish authorities. As the Irish Council for Prisoners Overseas notes, family visits while in prison are essential in ensuring that people have the best opportunity to reintegrate upon their release from prison. In this respect, the consideration of close family ties appears to be the main factor for approving a transfer.96 In Portugal, a sentenced person’s health needs are likewise taken into account and are indicated in documents sent to the executing state to obtain its agreement. If need be, the medical or welfare report about the person in question is included along with a recommended follow-up treatment.97 in the Netherlands (Dienst Justitiële Inrichtingen), rehabilitation in a foreign country (i.e. the Netherlands) is not considered possible.98 Likewise, in Slovenia, it is at least initially presumed that social rehabilitation will be better achieved in the state of nationality.99 The United Kingdom authorities mainly focus on transfer prisoners who are subject to deportation and therefore will not be allowed to remain in the United Kingdom. It is believed that it would normally be in the best interest of the prisoner’s social rehabilitation to serve his or her sentence in the country in which he or she will be living after the release. Findings from project on cross-border execution of judgments involving deprivation of liberty According to FRA’s research, only Bulgarian legislation does not refer to the requirement of social rehabilitation; however, Bulgaria has not yet implemented the Framework Decision on transfer of prisoners and applies the Council of Europe Transfer Convention. In practice, consideration is given only to the arguments pointed out by sentenced persons in their requests for transfer. Most often these refer to the sentenced person’s need to be closer to their family and the lack of knowledge of the Bulgarian language.100 “Only 67 % of the [practitioners interviewed] indicated that they thought the terms of the Framework Decision required MS to assess the social rehabilitation of prisoners on a case by case basis rather than assuming that serving a  sentence in the prisoner’s home state would automatically facilitate their social rehabilitation. Coupled with the remarkable results that over 20 % of all respondents did not consider it to be important to have information on material detention conditions in the prison of the executing state, on a prisoner’s home circumstances in the executing state and on education, work and training facilities in the executing state’s prison system, it can be concluded that there is reason for concern here.” Source: Vermeulen, G., van Kalmthout, A., Paterson, N., Knapen, M., Verbeke, P., and deBondt, W., Institute for International Research on Criminal Policy (2011), Cross-border Execution of Judgments Involving Deprivation of Liberty, Apeldoorn: MAKLU, p. 55 (emphasis added) Some Member States (the Netherlands, Slovenia and the United Kingdom) presume that a person’s social rehabilitation is only possible in their country of origin. According to the National Agency of Correctional Institutions 96 Ireland, Representative of the Irish Council for Prisoners Overseas. 97 Portugal, Law 144/99 amended by Laws 104/2001 of 25 August, 48/2003 of 22 August and 115/2009 of 12 October, Execution of Foreign Criminal Sentences and the transferrence of persons sentenced to imprisonment and security measures involving the deprivation of freedom (Lei n.º 144/99, alterada pelas Leis n.º 104/2001, de 25 de Agosto, n.º 48/2003, de 22 de Agosto e n.º 115/2009 de 12 de Outubro sobre a execução de sentenças penais estrangeiras e transferência de pessoas condenadas a penas e medidas de segurança privativas da liberdade), 31 August 1999, Article 117 (2) d); District Office of the Public Prosecutor General (Procuradoria-Geral Distrital), the Lisbon Court of Appeal (2013), International Judiciary Cooperation in Criminal Matters: Procedural Guidelines and Notes by the Public Prosecutor’s Office and the Appeal Court (Tribunal da Relação de Lisboa: Cooperação Judiciária Internacional em Matéria Penal, Orientações e Notas de Procedimento do Ministério Público no Tribunal da Relação)’. 44 Promising practice Obtaining adequate information before deciding on transfers Before agreeing to transfers, the Belgian Ministry of Justice obtains information about the sentenced person’s personal situation. Prospects for rehabilitation are examined and family members are interviewed. This social inquiry can also be requested by the public prosecutor, upon the request of the issuing state, or on the sentenced person’s own motion. Source: Belgium, Representative from the Ministry of Justice When assessing prospects for social rehabilitation, states take into account various criteria, such as detention conditions, humanitarian concerns, and family and social ties. Figure 3 presents an overview of these criteria. Of these criteria, family ties remain the most important factor. Authorities of at least 22 Member States consider family and social ties in the decision-making process. However, fewer than half of the Member States consider 98 Netherlands, Custodial Institutions Agency (Dienst Justitiële Inrichtingen) (2013). 99 Slovenia, Representative of the District Court of Ljubljana. 100 Bulgaria, Supreme Prosecution Office of Cassation (Върховна касационна прокуратура) (2015), Letter No. 5676/2015 to the Center for the Study of Democracy (Писмо № 5676/2015 до Центъра за изследване на демокрацията), 28 May 2015.