Research Paper on the Costs of Non-Europe in the Area of Procedural Rights and Detention Conditions

Published in: Procedural rights and detention conditions (European Parliment Think Tank, Epub December 2017)

Posted on RAND.org on December 20, 2017

by Matteo Barberi, Emma Disley, Marco Hafner, Cristina Gonzalez Monsalve, Arya Sofia Meranto, Jirka Taylor, Christina Eckes

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People who are suspected or accused of criminal offences or who are held in prison are in a vulnerable position and face many possible threats to their fundamental rights. The aim of this Research Paper is to establish the Cost of Non-Europe in the Area of Procedural Rights and Detention Conditions. The study has three areas of focus: procedural rights of suspects and accused persons in relation to mutual recognition instruments (the European Arrest Warrant, European Investigation Order, European Supervision Order, the Framework Decision on the Transfer of Prisoners, Framework Decision on the recognition of Probation Measures and Alternative Sanctions); the rights of suspects and accused persons included in the 2009 "Roadmap"; and detention conditions. Based on a review of literature and stakeholder interviews, this study identifies a number of gaps in relation to the implementation and effectiveness of existing EU measures aiming to protect procedural rights. It also highlights the imposition and use of pretrial detention and the conditions of detention (pre and post-trial) as areas where there are currently no specific EU measures, but where there is evidence that practice in Member States poses threats to fundamental rights. The study identifies the potential cost that could be saved to individuals and Member States through reductions in the use of detention, and makes extensive suggestions for legislative and non-legislative measures to address the identified gaps and barriers.

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