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An Analysis of Minimum Standards in Pre-trial Detention and the Grounds for Regular Review in the Member States of the EU A.M. van Kalmthout, M.M. Knapen, C. Morgenstern (eds.) The study “An Analysis of Minimum Standards in Pre-trial Detention and the Grounds for Regular Review in the Member States of the EU”, funded by the EU Commission, aimed at taking stock of the legal basis and practice in the field of pre-trial (or remand) detention in the European Union. The authors intended to focus not only on the law in the books but also on the law in action. To this end, the project team collected and analysed material from all 27 Member States of the European Union. There is a particular emphasis on the scope and definition of pre-trial detention (including the role and organization of police custody), the grounds of detention, its length, review procedures, and the legal safeguards of the suspect. The practical situation is analysed by using statistical materials, national jurisdiction as well as jurisdiction by the European Court of Human Rights, reports by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and other national or international human rights bodies and non-governmental organizations. Particular attention is paid to vulnerable groups such as juveniles, female prisoners, and foreigners. The outcome of the study is a comprehensive compendium (including a summary introduction) on the relevant legislation and legal practice of pre-trial detention in 27 country reports. This study was funded by the European Commission ISBN 9789058505248 900+ pages Hardcover
In September 2005 a one year project on foreign prisoners in European penitentiary institutions started. The objective of this project was to address the issue of social exclusion of prisoners who are detained in the EU outside their country of origin. Its aim was to study and analyse their situation in 25 EU Member States, to exchange information among experts, to identify innovative approaches and to develop recommendations to combat their socially excluded position. The project was executed by Professor Anton van Kalmthout and Femke Hofstee-van der Meulen from Tilburg University (The Netherlands) in partnership with Foreign Liaison Office of the Dutch Probation Service, Greifswald University (Germany), Jesuit Refugee Service-Europe, Hungarian Helsinki Committee (Hungary), Conférence Permanente Européenne de la Probation (CEP) and national experts. The project has been co-financed by the European Commission.
Foreign prisoners are over-represented in European penitentiary institutions. Their numbers – both in absolute and relative terms - are rapidly increasing. At this moment there are more than 100,000 prisoners in EU countries who do not have the citizenship of the country they are detained in. This means that on average a quarter of the prison population in the EU consists of people who are being socially excluded due to language, culture and distance. This issue has never been studied earlier on such a scale or in a comparative way. The results of the project has been presented in the European Parliament in Brussels on Wednesday 13 September 2006. The conference was hosted by Jules Maaten, Member of the European Parliament and Chairman of the working group Prisoners Abroad. The conference was attended by parliamentarians, representatives from European Prison Services, Consulates, Ministries of Foreign Affairs, Ministries of Justice, NGO’s, academic world and press. For information on the programme please click here. |
