The project aims to provide practical training to a broad spectrum of legal professionals and practitioners in the field of detention through five seminars, two in Strasbourg, the seat of the ECtHR and its legislation in the area of detention and the Council of Europe and its standards in the field of detention, both of which should be adhered to by all Member States. Each seminar will group participants from Member States, in order to allow for an optimal exchange of national and European experiences and to enhance networking possibilities. This approach, consisting of presentations and workshops (where deemed appropriate), allowing for an exchange of ideas and good practice between practitioners and international and European organisations, presents an added value. It allows for an analysis of issues and improving conditions, amongst others for juveniles and identifying good practices in prison management and how best to deal with offenders’ rehabilitation, as well as looking at alternatives to imprisonment. The project will address, within the context of detention and alternatives, training in relation to the understanding and correct implementation of the FDs dealing with issues of mutual trust and recognition, namely FDs 829, 909 and 947, and the EAW. Moreover, also within this context, detention conditions; good practices in prison management, coordination among the different prison monitoring bodies will be examined by inviting all of the relevant actors to present and participate at the seminars, and by providing a platform to discuss the effective follow-up of the Commission’s Green Paper on detention, including possible new legislation in the field of pre-trial detention.
The concept of the project was developed on the grounds of the still diverging application of legal instruments meant to facilitate criminal justice in the EU, such as on mutual recognition, the European Arrest Warrant, the European Supervision Order, etc. and their effect on detention related matters. Moreover, the different standards still in place within various Member States of the EU when it comes to detention conditions, prison management and supervision, as well as alternatives to detention, made it apparent that there is a need for an exchange of best practice and experience in the field between various actors, so as to facilitate a more coherent European approach to the matter, as envisaged by the Commission’s Green Paper. Furthermore, the link between detention minimum standards, as set out by the Council of Europe and the ECtHR in its judgments, remain of utmost relevance in relation to the applicability of the EAW, FDs 829, 909 and 947 in relation to detention and possible infringements of these standards by the Member States.
This project builds and improves on two other projects awarded to ERA on detention by the European Commission in the past.
The major objectives that the project aims to achieve are the following:
Leading partner: Academy of European Law (ERA)
Project partners: Council of Europe; European Judicial Training Network; EuroPris; International Juvenile Justice Observatory; Nationale Stelle zur Verhütung von Folter/German National Agency for the Prevention of Torture; Polish Human Rights Defender; Defensor del Pueblo/Spanish Ombudsman; Spanish Centre for Legal Studies (CEJ); Romanian National Institute of Magistracy (NIM).
Duration: November 2015 – October 2017
Contact person: Ramin Farinpour, ERA, [email protected], +49 651 937 37 310
Supported by the Justice Programme of the European Union