Prisoners’ rights: MEPs call for EU common standards for detention conditions

Urgent measures are needed to remedy the “alarming" state of prisons across the EU, says Parliament in a resolution passed on Thursday. MEPs call for action to protect prisoners' fundamental rights and minimum common standards for detention conditions in all EU countries.

MEPs call on the Commission to table a law on the rights of persons deprived of their liberty and minimum standards for prison and detention conditions, and also uniform standards for the compensation of persons unjustly detained or convicted.

Grim conditions

An "alarming picture" of prison overcrowding, a growing prison population, ever more foreign nationals being held, large numbers of pre-trial detainees, detainees with mental and psychological disorders and many cases of death and suicide, is painted in the Commission's June 2011 "Green Paper on the application of EU criminal justice legislation in the field of detention", MEPs note.

Protecting fundamental rights

Prison conditions must be consistent with human dignity and the rights of suspects or accused persons must be guaranteed, including the right not to be subjected to inhuman or degrading treatment, Parliament stresses.

Pre-trial detention must remain an exceptional measure to be used under strict conditions and for a limited period of time, it adds.

Providing decent conditions for prisoners and granting them access to schemes to prepare them for a return to society should also help to reduce the likelihood that they will re-offend, MEPs say.

New budget heading

One problem that Member States often point to is a lack of resources to improve prison conditions. MEPs therefore call for a specific EU budget heading to be created with a view to encouraging them to comply with high standards.

Parliamentary prison visitors

Parliament calls for measures to be taken at EU level to grant national MPs and MEPs the right to visit prisons anywhere in the EU.

Ensuring mutual confidence among Member States in this area is crucial, since the number of Member State nationals held in another Member State may rise as a result of the judicial cooperation among Member States in criminal matters, say MEPs.

Detention conditions in EU Member States

The total prison population of the EU was estimated at 633,909 for 2009-2010.

According to the Green Paper, prison overcrowding is a serious concern in 13 Member States, with the highest overcrowding rates reported in Bulgaria, Italy, Cyprus, Spain and Greece.

The EU countries with the highest percentages of foreign nationals being held in prisons are Luxembourg, Cyprus, Austria, Greece and Belgium.

The highest percentages of pre-trial detainees are held in Luxembourg, Italy and Cyprus.

Procedure: non-legislative resolution