The European Commission has adopted a new recommendation aimed at improving the conditions under which people are detained across the EU.

The measure, which came into effect yesterday (8 December), also covers the procedural rights of suspects and accused persons subject to pre-trial detention.

The move comes after a request by EU ministers for non-legislative measures to improve detention conditions.

‘Inhuman treatment’

Didier Reynders (Commissioner for Justice) said that the European Court of Human Rights had identified “unacceptable practices” by some EU states, “involving inhuman treatment and breaches of the right to liberty and security”.

He added that, as the EU stood firmly for human rights across the globe, it was crucial to ensure that “our own house is in order”.

The recommendation says that pre-trial detention should be used as a measure of last resort, and that there should be periodic reviews to determine where its use is justified.

It also establishes minimum standards for cell sizes, outdoors time, and nutrition and healthcare conditions. There are also initiatives on re-integration and social rehabilitation.

Addressing radicalisation

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, authorities could take the decision to prevent these same suspects from having direct contact with particularly vulnerable detainees,” the commission said.

A review of detention conditions across EU states shows that eight had a prison density of more than 100 inmates per 100 places, and five were experiencing overcrowding, with rates of more than 105 per 100 places.

The overview also found “significant diversity” in pre-trial detention across the EU. In 2020, the average length varied from 2.4 months to 12.9 months.

The cost of pre-trial detention also varied greatly, with a range from €6.50 a day per prisoner to €332.63 a day.

EAWs affected

The commission has now urged member states to take steps at national level to align their practices with the recommendations.

It says that differences between member states on the issue can affect judicial cooperation in criminal matters.

“Since 2016, execution of European Arrest Warrant has been delayed or refused on grounds of real risk of breach of fundamental rights in nearly 300 cases,” the EU body says.