Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-12-14-Speech-3-459-000"
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"en.20111214.29.3-459-000"2
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"Mr President, detention issues mainly fall under Member States’ responsibility. There are, however, reasons for the European Union to take a closer look.
We asked in the Green Paper whether mutual trust among Member States could be strengthened by creating common minimum standards on two points: first, on the right to review the decision to keep a person in pre-trial detention and, second, on time limits for pre-trial detention.
The consultation launched by the Green Paper was opened until 20 November. We will now analyse the replies to decide whether any specific action at the European level might be considered.
With the Green Paper on the application of EU criminal justice legislation in the field of detention, the Commission wanted to find out to what extent detention issues influence mutual trust between Member States and learn more about its impact on the application of the principle of mutual recognition and judicial cooperation within the EU.
Detention conditions can affect several mutual recognition instruments, such as the European arrest warrant (EAW), the transfer of prisoners, the mutual recognition of alternative sanctions and probation and the European Supervision Order.
The European Arrest Warrant Framework Decision requires the surrender of persons between Member States both in pre-trial and post-trial situations.
All Member States must comply with the EU Charter when applying EU law and are subject to the European Convention on Human Rights. However, there are doubts about the way in which standards are upheld across the EU. The Green Paper recalls respect for fundamental rights. In fact, judicial authorities are not obliged to surrender a person if this might breach the person’s fundamental rights because of very poor or unacceptable detention conditions.
The Council of Europe plays a key role in monitoring detention conditions. At global level, the 2006 Optional Protocol to the United Nations Convention against Torture created a new system to prevent ill-treatment of detainees.
The Green Paper asked how we could better coordinate the work of these monitoring bodies to avoid duplications.
The Framework Decision on transfer of prisoners of 2008 is another example of the challenges we face when it comes to mutual recognition in the area of detention. The Framework Decision establishes a system for transferring convicted prisoners back to the Member State of nationality or habitual residence. Perceived poor detention conditions, or conditions that risk falling below the minimum standards required by the Council of Europe European prison rules, could be an impediment to the transfer of prisoners.
Following the road map for strengthening procedural safeguards, the Green Paper recognises that time spent in pre-trial detention varies widely from one Member State to another. In addition, non-nationals seem to have a disadvantage: obtaining bail is often more difficult for them as they are seen as a greater risk as they might leave the country."@en1
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