WIREDGOV

The European Commission recently (08 December 2022) adopted a Recommendation on the procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions, following a request by the EU Ministers to propose non-legislative measures to improve detention conditions. It lays down minimum standards measures, a number of which are already presented in different instruments, such as using pre-trial detention as a measure of last resort and introducing periodic reviews where its use is justified; establishing minimum standards for cell sizes, outdoors time and nutrition and healthcare conditions; as well as initiatives with a view to reintegration and social rehabilitation.

The Recommendation also introduces specific measures to address the issue of radicalisation in prisons, such as encouraging Member States to carry out an initial risk assessment to determine the appropriate regime applicable to detainees suspected or convicted of terrorist and violent extremist offences. For example, authorithies could take the decision to prevent these same suspects from having direct contact with particularly vulnerable detainees. Other particular measures are also proposed for women and girls, LGBTIQ, foreign nationals, persons with disabilities and other vulnerable detainees, such as ensuring reasonable access to professional interpretation services.

The Commission published also a statistical overview of the divergences in conditions among Member States. The findings show, for example, that eight Member States have a prison density of more than 100 immates per 100 places, and five were experiencing overcrowding with rates of more than 105 immates per 100 places. The overview also underlines significant diversity in pre-trial detention across the EU. In 2020, the average length varied from 2.4 months to 12.9 months. In addition, the findings show that the cost of pre-trial detention varies greatly between Member States across the European Union with a range from 6.50 euro per day per prisoner to 332.63 euro per day.

Next steps

The Recommendation is now effective and will be presented to ministers at the Justice Council meeting. Member States are urged to take the necessary steps at national level to align practices with the recommendations.

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