Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers
the UN Convention on the Rights of the Child and the
Council of Europe’s Guidelines on child-friendly justice.
According to FRA’s research findings, very few EU
Member States have special provisions securing the
rights of persons in situations of vulnerability in their
laws implementing the Framework Decisions. However,
several states have put in place particular alternatives
to detention to accommodate vulnerability. For children,
such measures include various forms of ‘light monitoring’, such as by guardians, or educational efforts. For
parents with young children, the right to family life may
be undermined by detentions of parents. Having children stay with detained parents is largely not a viable
option, underscoring the usefulness of alternatives to
detention.
The needs of persons with disabilities similarly call into
question the appropriateness of detention. International
human rights standards stress that alternatives should
be sought, while also calling for detention facilities that
appropriately accommodate persons with disabilities.
Providing information to individuals in situations of vulnerability might require using special techniques, such
as braille for people with visual impairments or sign
language for people with speech and hearing impairments. Providing information to persons with intellectual disabilities might require involving officers with
special training or facilitators.
82
The Framework Decision on probation and alternative
sanctions even includes provisions that permit refusing
a transfer if there is insufficient capacity to accommodate the needs of a transferee. Member States offer
a range of alternatives that are more appropriate than
detention. The examples of issues encountered by persons in situations of vulnerability given in this report
point to the need for careful consideration of appropriate measures, pre- and post-trial – in particular alternatives to detention.
FRA Opinion 7
To ensure effective implementation of the three
Framework Decisions, the EU and the Member
States must ensure compliance with international
and European human rights law obligations, as
well as the EU Charter of Fundamental Rights,
regarding people in situations of vulnerability. In
this context, and by way of example, rules set out
in the Directive on procedural rights safeguards
for children who are suspects or accused persons
in criminal proceedings and the European
Commission’s Recommendation on the procedural
safeguards for vulnerable suspected and accused
persons who are not able to understand and to
effectively participate in criminal proceedings
due to age, their mental or physical condition or
disabilities, could also serve as guidance in the
context of transfer proceedings.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents