Answer given by Mr Reynders on behalf of the European Commission
7.4.2020
There are currently no specific EU rules relating to detention conditions . Member States have however agreed to respect the existing Council of Europe standards on the matter, such as the European Prison Rules 2006[1].
The Commission cooperates closely with the Council of Europe to address issues such as prison overcrowding. To that effect, the Commission has co-organised a High-Level Conference on Prison Overcrowding, which took place in April 2019[2].
Since 2016, the Commission also provides a direct grant to the Council of Europe aimed at the operation of a European Forum of independent prison monitoring bodies, the so-called National Preventive Mechanisms (NPMs). It allows these bodies to meet regularly within an informal network to discuss detention matters and exchange best practices[3].
At EU level, Council Conclusions on Alternatives to Detention were adopted in December 2019[4] aiming at avoiding prison overcrowding.
The six directives adopted to strengthen the rights of suspects and accused persons that have been adopted at EU level[5] provide for certain procedural safeguards in criminal proceedings, including during pre-trial detention.
- [1] Recommendation Rec(2006)2 of the Committee of Ministers to Member States on the European Prison Rules
- [2] https://www.coe.int/en/web/cdpc/high-level-conference-on-prison-overcrowding .
- [3] See for the European Forum of National Preventive Mechanisms (NPMs): https://www.coe.int/en/web/national-implementation/european-npm-forum-phase-2- . Under this direct grant, the Commission is also financing the collection of the Council of Europe’s Annual Penal Statistics, better known as SPACE (Statistiques Pénales Annuelles du Conseil de l’Europe), by ensuring that a common working methodology is applied to enhance comparability of data across Europe. See https://www.coe.int/en/web/prison/eu/council-of-europe-project
- [4] Council conclusions on alternative measures to detention: the use of non-custodial sanctions and measures in the field of criminal justice 2019/C 422/06, ST/14546/2019/REV/1.
- [5] Directive 2010/64/EU on the right to interpretation and translation, Directive 2012/13/EU on the right to information, Directive 2013/48/EU on the right of access to a lawyer, Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence, Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings, Directive (EU) 2016/1919 on legal aid.