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LGBTIQ, women and juveniles.22 The development of standards related to
detention, imprisonment and vulnerability of persons deprived of their
liberty only became possible after the introduction and the establishment
of “justice and home affairs” as one of the three pillars of the EU with the
Maastricht Treaty in 1992. Commitments in that sphere were reiterated
in Title V of the Treaty on the Functioning of the European Union, which
regulates the “Area of freedom, security and justice”. The secondary EU
law started developing after the Tampere (1999-04), the Hague (200409) and the Stockholm (2010-14) programs. Effective police and judicial
cooperation required that the state parties facilitate mutual recognition
of their judgments in criminal matters, as well as cross-border judicial
surrender procedures. The Council Framework Decision of 13 June 2002 on the
European arrest warrant and the surrender procedures between Member States
was adopted in 2002 and became operational in 2004.23
In November 2008 the Council Framework Decision on the application of
the principle of mutual recognition to judgments in criminal matters imposing
custodial sentences or measures involving deprivation of liberty for the purpose
of their enforcement in the European Union was adopted.24 Its stated purpose
is to establish the rules under which a member state, with a view to
facilitating the social rehabilitation of the sentenced person, is to recognize
a judgment and enforce the sentence.
Police and judicial cooperation between member states is based on
the mutual confidence in their criminal justice systems relating to the
requisite procedural guarantees for fairness of criminal proceedings, to the
adequate conditions of detention and safeguards against torture, inhuman
and degrading treatment, as well as against discrimination on the basis of
sex, race, religion, ethnic origin, nationality, language, political opinions
or sexual orientation. Both the Framework Decision on the European arrest
warrant and the Framework Decision on mutual recognition of judgments
in criminal matters specify that member states should not be obliged to
22. Ibid., paras 22, 23, 24, 25, 26, 30, 34, 40, 57.
23. Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures
between Member States, 2002/584/JHA, OJ L 190, 18.7.2002.
24. Council Framework Decision of 27 November 2008 on the application of the principle of mutual recognition
to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for
the purpose of their enforcement in the European Union, 2008/909/JHA, OJ L 327/27, 5.12.2008.
Prisoners in a Situation of Vulnerability
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