Answer given by Mr Frattini on behalf of the Commission

24.8.2006

As such and in the current state of European Union law, the Commission has no competence to control the conformity with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in respect of the issues raised by the question.

However, it should be mentioned that the Commission participates actively as an observer in the work of different committees of the Council of Europe dealing with detention conditions, i.e. on the updating of the so-called European Prison Rules, which is a recommendation of the Committee of the Ministers of the Council of Europe about different aspects of prison administration and best practices in this area, including a (possible) binding European Prison Charter and the updating of the Council of Europe recommendation on remand in custody.

Moreover, it should be mentioned that the Commission shortly shall present a proposal for a Council framework decision on mutual recognition of non-custodial, pre-trial supervision measures aiming at reducing the number of pre-trial detainees in the European Union as a whole.

It is also clear that if the differences in (legal) treatment of pre-trial detainees and prisoners are so significant that they are seen as obstacles to the mutual confidence that is necessary for a smooth judicial cooperation between Member States in the area of freedom, security and justice, this is a serious problem. In this context, it could be noted that the Commission intends to organise a meeting in spring 2006 to prepare a study on minimum standards in the pre-trial procedure and the grounds for regular review, which should be carried out in 2007. One subject that could be further examined in this context could be possible differences as regards the length of pre-trial detention in different Member States.

All this work shows that the Commission takes the question of detention conditions seriously and is active in this area within the limits drawn up by the treaties.

OJ C 329, 30/12/2006