Conclusions
This report examines fundamental rights concerns
related to the three EU instruments on transfers,
between EU Member States, of prison sentences, probation measures and alternative sanctions, as well as pretrial supervision measures: the Framework Decision on
transfer of prisoners, the Framework Decision on probation and alternative sanctions, and the Framework Decision on the European Supervision Order. This is done by
highlighting risks of fundamental rights violations in the
execution of transfers or as a result of transfers, such
as due to poor prison conditions. The Framework Decisions’ potential impact on fundamental rights should
not be underestimated. If fully applied, they could boost
the social rehabilitation of detainees, prompt greater
use of alternatives to detention, and even improve
detention standards – all with great importance for fundamental rights and, in turn, for enhanced mutual trust
between Member States. The instruments could be of
benefit not just to suspects, accused and sentenced
persons and their families, but also to victims of crime
and to society at large.
Opinions formulated on the basis of the research findings aim to offer concrete guidance on how the EU and
its Member States can promote fundamental rights by
making greater use of the instruments, improving fundamental rights aspects in their implementation, and
creating incentives for improvements relating to detention and its alternatives.
More specifically, the Opinions suggest improvements
related to risks of fundamental rights violations as to,
for instance, the dignity of persons, the prohibition of
inhumane treatment, privacy, and the right to family
life, but also regarding persons in situations of vulnerability. In addition, the report and the Opinions deal with
social rehabilitation, another issue with strong fundamental rights implications. They also scrutinise to what
extent transferees are given an opportunity to ‘participate’ in transfer proceedings in the sense of being
made aware of the possibility, being informed of and
made to understand the transfer process and its consequences, as well as – where applicable – consenting
to a transfer. In addition, the Opinions offer guidance
on the interlinkages between the instruments and the
Victims’ Rights Directive.
This report underscores that the deprivation of liberty,
and detention in particular, entails a great responsibility to ensure proportionality in terms of what it seek to
achieve in relation to the restrictions of rights involved
for suspects, accused or sentenced persons. Finding
a good balance between restrictions on personal liberty
and the necessities of the criminal process is vital. The
three Framework Decisions bring both risks and potential in this regard. Given continuous developments in
their implementation, further research would be most
useful once relevant practices have been established.
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