European Commission puts forward recommendations related to detention conditions

(Credit: Unsplash)

This article is brought to you in association with the European Commission.


Today, the European Commission adopted a Recommendation on the procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions, following a request by the EU Ministers to propose non-legislative measures to improve detention conditions. It lays down minimum standards measures, a number of which are already presented in different instruments, such as using pre-trial detention as a measure of last resort and introducing periodic reviews where its use is justified; establishing minimum standards for cell sizes, outdoors time and nutrition and healthcare conditions; as well as initiatives with a view to reintegration and social rehabilitation.

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, authorithies could take the decision to prevent these same suspects from having direct contact with particularly vulnerable detainees. Other particular measures are also proposed for women and girls, LGBTIQ, foreign nationals, persons with disabilities and other vulnerable detainees, such as ensuring reasonable access to professional interpretation services.

Today, the Commission published also a statistical overview of the divergences in conditions among Member States. The findings show, for example, that eight Member States have a prison density of more than 100 immates per 100 places, and five were experiencing overcrowding with rates of more than 105 immates per 100 places. The overview also underlines significant diversity in pre-trial detention across the EU. In 2020, the average length varied from 2.4 months to 12.9 months. In addition, the findings show that the cost of pre-trial detention varies greatly between Member States across the European Union with a range from 6.50 euro per day per prisoner to 332.63 euro per day.

Next steps

The Recommendation is effective from today and will be presented to ministers at the Justice Council meeting. Member States are urged to take the necessary steps at national level to align practices with the recommendations.

Background

At the Justice and Home Affairs Council of October 2021, where detention was on the agenda, Ministers asked the Commission to opt for recommendations or guidelines aiming to improve detention conditions and to enhance the use of alternative measures instead of EU legislation.

Today’s Recommendation complements the procedural rights set by the Directives on the right to interpretation and translation; to information; access to a lawyer; presumption of innocence; procedural safeguards for children and on legal aid. Furthermore, the Recommendation complements also the Commission Recommendation of 27 November 2013 on procedural safeguards for vulnerable persons.

Although all Member States must comply with the European Convention on Human Rights (ECHR), in practice, there are significant differences in relation to pre-trial detention, and material detention conditions vary enormously.

Prison-monitoring bodies across the EU report concerns. In 2021, there were 81 findings of violations of Article 3 ECHR (Inhuman and degrading treatment) involving 14 Member States, and 46 cases of violations of Article 5 ECHR (Right to Liberty and Security), involving 12 Member States.

The differences between Member States have an impact on mutual trust and judicial cooperation in criminal matters, for instance in the context of mutual recognition and the operation of the European Arrest Warrant (EAW). Since 2016, execution of an EAW has been delayed or refused on grounds of real risk of breach of fundamental rights in nearly 300 cases.

For More Information

Recommendation on the procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions

JHA Non-Paper from the Commission in the context of the adoption of the Recommendation on procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions

Quote(s)

The European Court of Human Rights has identified unacceptable practices by some Member States, involving inhuman treatment and breaches of the right to liberty and security. The EU firmly stands for human rights across the globe, and it is crucial to ensure that our own house is in order. We urge Member States to take these recommendations on board as soon as possible, and to make sure that their national systems comply with EU standards.Didier Reynders, Commissioner for Justice – 08/12/2022


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UN News/Laura Quinones Sunrise over COP31 as participants arrived as early as 5am to avoid traffic closures.

‘Make or bake time’: Guterres urges climate justice pact as leaders gather at COP31

This article is published in association with United Nations. UN chief António Guterres called for a new global climate justice agreement at COP31 on Wednesday, urging governments to tax fossil fuel companies to help countries bearing the brunt of a crisis they did little to cause. His appeal came as world leaders gathered in Antalya […]
UN News Two children stand in a rain-soaked tent in Deir al-Balah, Gaza.

Gaza winter aid: ‘No more delay’, Fletcher tells governments stalling on support

© UNRWA Children play outside tents in Gaza. This article is published in association with United Nations. The UN’s Emergency Relief Coordinator, Tom Fletcher, expressed deep concern about the deteriorating humanitarian situation in Gaza, as UN member states and partners have been repeatedly delaying sending their support to the Strip. “Foreign Ministers and partners have […]
This article is published in association with United Nations.l student with a strong interest in research and global health.

COP31: Energy transition takes centre stage as countries map path beyond fossil fuels

This article is published in association with United Nations. The global energy transition took centre stage on the second day of COP31, as countries explored how to move away from fossil fuels, accelerate clean energy and overcome financial and infrastructure barriers standing in the way. Today at COP31 Energy and Transport Day at COP31 got […]
UN News Two children stand in a rain-soaked tent in Deir al-Balah, Gaza.

Children among the dead as heavy rains flood tents and shelters in Gaza

This article is published in association with United Nations. An infant reportedly drowned and five Gazans were killed – including three children – when a sand dune collapsed on their tents as the first heavy rains swept across the enclave at the weekend, according to the UN aid coordination office (OCHA). Thousands of families lost […]
© EducAid “Before [this], the difference was huge – I used to carry Anas, and he had to crawl on his hands,” said Anas’s mother.

‘For the first time I have my own chair’: Gaza siblings find new freedom

This article is published in association with United Nations. In Gaza, 10-year-old Anas is one of three siblings born without legs and with only two fingers on each of their hands. They struggle to move around and perform daily activities like eating and writing independently. With funding from the UN’s aid coordination office (OCHA), and […]
© UNICEF A child looks out from a makeshift shelter in Rafah, in the south of the Gaza Strip.

Gunfire damages tents at Rafah displacement site in Gaza, as aid teams prepare for winter storms

This article is published in association with United Nations. Gunfire hit and damaged multiple tents at a displacement site in Gaza’s northern Rafah region on Tuesday, reportedly causing injuries and forcing a humanitarian partner to leave the area, the UN aid coordination office (OCHA) has said. The NGO had been working on flood control ahead […]
© UNIFIL UNIFIL remains a critical stabilising factor in south Lebanon..

UN peacekeeping chief warns of ‘security vacuum’ as Blue Helmets leave Lebanon and Western Sahara

© UNIFIL UNIFIL remains a critical stabilising factor in south Lebanon.. This article is published in association with United Nations. The UN’s peacekeeping chief warned on Wednesday that the withdrawal of “Blue Helmets” from Lebanon and Western Sahara risks leaving a dangerous security vacuum, while the Security Council remains divided over what, if anything, should […]
© IOM/Haithm Abdulbaqi Young people in Yemen play football on a sandy pitch.

15 years of ‘almost no progress’ in getting young people moving: WHO

This article is published in association with United Nations. One in four adolescents worldwide reported not getting at least 60 minutes of physical activity on any day in the previous week, according to new global estimates released by the World Health Organization (WHO) on Wednesday. That amounts to some 240 million young people aged 11 […]
© UNICEF/Sultan Mahmu A mother and daughter wade through floodwaters in Feni, southeastern Bangladesh.

COP31 explained: What’s at stake at this year’s UN climate summit?

This article is published in association with United Nations. The world has more tools than ever to tackle climate change, yet millions remain unable to benefit from them. As clean energy technologies advance faster than ever, the challenge facing countries at COP31 is no longer just finding solutions – but making sure everyone can afford […]
© UNICEF/Christina Pashkina A school in Chuhuiv, Ukraine, lies in ruins after being hit by a missile.

Air raid alerts and attacks on schools: the devastating face of education in Ukraine

This article is published in association with United Nations. Ukraine has sustained almost 2,000 attacks on education since the full-scale Russian invasion in 2022, with some 270 this year alone, the UN Children’s Fund (UNICEF) said on Tuesday, a day after a strike at a school being used to distribute aid. Tweet URL Since the […]
© UNICEF/Oleksii Filippov People walk past a war-damaged building in Ukraine.

Ukraine: WFP provides hot meals to Oleshky evacuees as UN pushes to restore power before winter

This article is published in association with United Nations. The UN World Food Programme (WFP) is providing emergency food assistance to more than 400 people who were able to leave the Russian-occupied city of Oleshky, in Ukraine’s Kherson region, during a brief local ceasefire. Many arrived in worrying condition at medical facilities in Kyiv on […]

COP17: Nations chart ‘Yerevan Pathway’ to speed up action for nature

This article is published in association with United Nations. At the halfway mark to 2030, countries meeting in Armenia have agreed a roadmap to accelerate action for nature, after a global review found the world off track to meet its biodiversity targets. Agreement was formalised through the Yerevan Pathway as the UN Biodiversity Conference (COP17) […]
This article is published in association with United Nations.

AI is changing the way we think. The question is whether we’ll notice in time

This article is published in association with United Nations. Artificial intelligence promises to make life easier. With a few keystrokes, it can write emails, summarize reports, generate ideas and answer complex questions in seconds. For many people, it feels like a technological leap on par with the arrival of the internet itself. But according to […]
© NYCDDC Flood defences are built on the east side of Manhattan Island by the East River in New York City.

Higher Ground: How New York is raising a park to hold back the sea

This article is published in association with United Nations. On 29 October 2012, Hurricane Sandy slammed into New York City, unleashing a devastating storm surge that flooded homes, subways and tunnels, knocked out power and sparked deadly fires. In just 48 hours, 44 people were killed, nearly two million New Yorkers lost power, and 6,500 […]
This article is brought to you in association with the European Commission.

World News in Brief: ‘No safe place in Ukraine’, IAEA calls for Iran nuclear inspections, Kenya hosts thousands of Ethiopians fleeing clashes

This article is published in association with United Nations. The UN refugee agency (UNHCR) on Tuesday urged continued international support for Ukraine’s population as Russian airstrikes intensify and humanitarian needs grow in advance of another bitterly cold winter. The “relentless” attacks are targeting critical energy infrastructure, leaving millions without heat and electricity, and limited access to […]
This article is published in association with United Nations.

Four in five domestic workers lack formal job protections, UN finds

This article is published in association with United Nations. An estimated 66.5 million domestic workers – representing more than four out of five domestic workers worldwide – were informally employed in 2025, a new report by the UN’s labour organisation has found. This makes them more than twice as likely as other employees to lack […]
© WFP/Mohamed Hinnawi An elderly woman in Al Saraya, Gaza, looks after young children after losing three sons, her husband, and home during the war.

Gaza: Families brace for fourth winter in tents as aid operations remain stymied

This article is published in association with United Nations. Families in Gaza are bracing for a fourth winter in tents and makeshift shelters as UN aid operations face mounting obstacles, with transport suspended on Tuesday due to Israel’s closure of the key Kerem Shalom crossing for election day. The UN project services agency in the […]

West Bank: Hebron crackdown displaces thousands, Türk warns of ethnic cleansing

This article is published in association with United Nations. Israel’s “aggressive operation” in the West Bank city of Hebron raises serious concerns of ethnic cleansing, UN human rights chief Volker Türk warned on Monday, as the number of Palestinians forced from their homes passed 3,000 on the eve of Israeli elections. The UN aid coordination […]
© UNICEF/Rawan Eleyan A mother and her children go through their belongings after a room in their home was burned in a settler attack in southern Hebron, West Bank. (July 2025)

West Bank: Guterres alarmed as Israel imposes sweeping closures after deadly Hebron attack

This article is published in association with United Nations. The UN said on Friday it was “extremely alarmed” by intensifying violence in the occupied West Bank, as Israel moved to seal off the territory following a deadly attack on its soldiers in Hebron. Two Israeli soldiers were killed and at least five injured when gunmen […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com