recommendations
•
Adequate and accessible information must be provided to prisoners in
relation to their rights and details of any proposed transfer. As appropriate, access
to a practitioner should be ensured.
•
In order to improve the implementation of FD TOP in accordance with
fundamental rights obligations a handbook and guidelines on transfer would be of
benefit, as well as greater discussion on the implementation of FD TOP.
•
Two of the Member States participating in the Expert Group on FD TOP noted
that they arranged to have the entirety of the judgment translated into the
language of the executing authority from the outset, citing that it reduced delays
in the longs run. This good practice should be considered across the board.
•
Other good practices including the example from the Netherlands, and the visiting
committees that undertake visits to prisoners abroad to assess their suitability for
rehabilitation on foot of a transfer.
•
A further good practice example emanating from the Netherlands includes the
provision of information to prisoners in relation to transfers and the support
provided to foreign detainees should be explored further and shared across the EU.
•
Greater access to information for judges should be secured in relation to the prison
conditions across the EU, e.g. through one databank collecting all relevant reports.
•
Further consideration of the use of consular assistance as part of the monitoring
mechanisms of prisoners post transfer or surrender should be explored.
•
In addition to these Framework Decisions, Member States should look to
implement the procedural rights directives with a view to ensuring uniform
application of minimum standards and safeguards across the EU.
49
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