EU Prisoner Transfers: Creative Transformation or Betrayal of Principles?

At its 2768th meeting on December 4-5, 2006, the EU Justice and Home Affairs Council examined a Presidency compromise text regarding a draft Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU. This proposal would allow transfer of sentenced persons within the EU to serve sentences in their home countries. Although all delegations except Poland supported the proposal, unanimity is required. In facilitating the transfer of foreign prisoners, modern multilateral and bilateral conventions take into account contemporary trends in crime and penal policy. This policy is rooted, inter alia, in humanitarian considerations, concerns that difficulties in communication by reason of language barriers, alienation from local culture and customs, and the absence of contacts with relatives may have detrimental effects on foreign prisoners. Generally speaking, humanitarian concerns dictate that the transferee have some say in the prison where he serves … [more]