Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-327"
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"en.20060613.30.2-327"2
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"Mr President, the question we are debating tonight is not new. It was first raised in March 1983 in the Council of Europe Convention, which all the Member States have ratified. This Convention made provision for sentenced persons to be transferred to serve the remainder of their sentence only to their state of nationality and only with their consent and that of the states involved. However, due to bureaucratic formalities, this system did not bring about any results, hence the need for the additional protocol of 18 December 1997, which did not require the sentenced person's consent. However, this protocol has not been ratified by all the Member States. This resulted in the initiative of Austria, Finland and Sweden, which aims to speed up the procedure in their Member State of origin or permanent residence.
The transfer of sentenced persons to serve their sentence aims mainly to make their life easier in prison and to make their reintegration into society easier once they are released, because it is logical that a sentenced person in a prison in his state of nationality will find it easier to interact with other prisoners, to speak his own language and not just that: he will also be able to attend vocational training courses, which will contribute to his smooth reintegration into society, and it will be much easier for him to have contact with his family and friends. Support for his family will be an important element in this.
Simplifying procedures, so that the transfer of sentenced persons is as flexible and with as little bureaucracy as possible, is our basic objective. I believe that what has been achieved is that the transfer criteria have been determined better, the principle of
and the principle of specialty have been strengthened and the rights have been supported of victims, who must be informed about the whole procedure, including the order to transfer the sentenced person.
I agree with the Commissioner, who says that victims should only be informed on request; however, in order for victims to know about this, they must first be told that such a procedure is under way.
The proposal by the Member States refers only to 32 serious crimes and is based on a procedure for converting the sanction to another penalty which is compatible with the right of the executing state. These positions, as unanimously voted in the Committee on Civil Liberties, Justice and Home Affairs, simplify and make more flexible the proposal by Austria, Finland and Sweden, which made provision for the Member States to permit the transit of a sentenced person on receipt of numerous documents.
We also amended the deadlines set for each stage of the procedure, in order to make them more realistic and, at the same time, to allow a considerable period of time for the sentence to be served in the executing state, so that the reintegration procedure is more complete and more effective.
We also regulated the issues of amnesties and pardons, which are raised following consultations between the issuing state and the executing state. I think that this proposal is another important step towards the convergence of criminal law in the Member States of the European Union, which is an ambitious objective, but an objective which we must bear in mind, so that we can, at some point, unify criminal law.
Finally, I should like to thank the shadow rapporteurs of the other political groups and everyone who tabled amendments for their excellent cooperation. I think that the Committee on Civil Liberties has taken a huge step in the direction of the unification of criminal law with this proposal."@en1
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