Rights of crime victims in cross-border transfers
Table 14: EU Member States that have procedures to inform victims
Transfer of prisoners
Probation and
alternative sanctions
European Supervision
Order (ESO)
Procedure
established in law
CZ, PL, UK
CZ, PL
CZ, PL
Procedure established
in practice
CY, SI
CY, SI
SI
Source: FRA, 2015
Table 15: Member States that provide information at a victim’s request
Transfer of prisoners
Probation and
alternative sanctions
European Supervision
Order (ESO)
Provided in law
BE, CZ, PL, UK
BE, CZ, PL
CZ, PL
Provided in
practice
CY, FI, IE, NL,
SE, SI, SK
CY, FI, IE, NL,
SI, SK
NL, SI
Source: FRA, 2015
person is released from remand and alternative supervision measures are employed – particularly because the
ESO relates to pending criminal proceedings. However,
it should be remembered that only supervision measures are transferred abroad – the criminal proceedings
would still be pending in the state in which the crime
was committed, and the suspect would be required to
appear in court there.
In the context of the Framework Decision on transfer
of prisoners, victims’ right to information kicks in when
a sentenced person is transferred to another Member
State and then released on parole in accordance with
the law of that state, or escapes from detention.
The Victims’ Right Directive establishes that Member
States will protect victims and their families from secondary and repeat victimisation.331 This will be further
explored in the following sections.
7.2. Implementation and
promising practices
This section looks at how EU Member States take victims and their rights into account in their implementation of the Framework Decisions. It outlines the right
of crime victims to be informed about transfers of sentenced and convicted persons, looking at their role in
the process and at when and how they are informed,
if at all. The accompanying charts highlight the more
common practices in EU Members States and the varying levels of victim involvement provided for in implementations of the different Framework Decisions.
As stated in Chapter 1, while reading the summary
of findings, it should be noted that not all Member
States had implemented all three Framework Decisions at the time of data collection.
FRA’s research shows that while it is not common for
Member States to include victims in legislation implementing the three Framework Decisions, some states
take victims into consideration and keep them informed
when organising and making decisions on transfers.
Table 14 provides an overview per Framework Decision.
Member States that have established procedures in law
for providing victims with information include the Czech
Republic, Poland (under all three Framework Decisions)
and the United Kingdom (under the Framework Decision on transfer of prisoners). Similarly, Slovenia (under
all three Framework Decisions) and Cyprus (under the
Framework Decision on transfer of prisoners and the
Framework Decision on probation and alternative sanctions) have established such procedures in practice.
Some EU Member States take on a facilitator’s role
and provide information to victims when it is directly
requested. Table 15 provides an overview by Framework Decision. Four Member States provide for this
in law (Belgium, the Czech Republic, Poland, and the
United Kingdom), while in practice, authorities in seven
Member States (Cyprus, Finland, Ireland, the Netherlands, Slovakia, Slovenia, and Sweden) also respond to
requests for information about transfers of suspected
or sentenced persons – depending on certain conditions,
which are explored in the next section.
331 Victims’ Rights Directive, Art. 18 (1).
101
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