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the possibility for their transfer in their countries of origin for execution
of their sentences.61 This is an essential requirement for their social
integration and for the exercise of their right to family life. They also
stress on non-discrimination in the imposition of remand measures,
sentencing, treatment and possibilities for early release, as well as in
providing work and education.
Another group of standards focuses on contact with the outside world.
Foreign prisoners should have prompt access to their diplomatic agents
and those who are refugees – to UN and other bodies for their protection.62
Foreign prisoners should be allowed extended visits and other contacts
with family and closed persons. National authorities should facilitate such
contacts through provision of information and through assistance with
costs of communicating with the outside world.63 Special measures should
be taken to facilitate contact of foreign prisoners with their children.
To address the cultural and religious needs of the foreign prisoners, a
number of standards require taking into consideration of their preferences
in providing accommodation, hygiene, clothing, nutrition and health
care in the prisons.64 Their linguistic needs should be addressed by
providing information and interpretation in criminal, administrative
and disciplinary proceedings.65 We can add – this must also be applied
in relation to health services. Foreign prisoners should be allowed access
to print and electronic media in their language. At the same time, they
should be encouraged to learn the local language and to study the local
culture and traditions.66
Unlike the “soft law” standards, the ECtHR took a rather restrictive
approach to the international transfer of foreign prisoners. In the case
of Palfreeman v. Bulgaria of 2017, it took the view that states have no
obligation to consider international transfer in light of Article 8 of the
ECHR. It also held that the ECHR does not grant prisoners the right to
61. See e.g.: European Prison Rules, Rule 37.5; Recommendation CM/Rec(2012)12, para 15.3.
62. European Prison Rules, rules 37.1, 37.2.
63. Recommendation CM/Rec(2012)12, Section 22.
64. Ibid., sections 17, 18, 19, 20, 31.
65. Ibid., para 8.
66. Ibid., para 29.1.
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