PRE-TRIAD European standards on pre-trial detention

PRE-TRIAD

Alternative pre-trial detention measures: Judicial awareness and cooperation towards the realisation of common standards

Synopsis

According to the Council of Europe, there are currently 1,229,385 prisoners in the penal institutions of the Member States that comprise the organisation. Of these inmates, more than 22% on average are under pre-trial detention (PTD). The issue of PTD should not be overlooked as its overuse negatively affects not only detainees and their fundamental rights, but also their families, communities and even countries’ financial resources. Moreover, the organisational impact of this issue on penitentiary systems should also be addressed. Thus, PRE-TRIAD projects aims to promote judicial cooperation between European Union member States (EUMS), making policymakers and stakeholders aware of the challenges posed by the issue of pretrail detention. In addition, it is imperative to lay the foundations for the establishment of common standards with respect to fundamental rights regarding the practical application of pretrail detention (and its alternative measures), while promoting the implementation of Council Framework Decision 2009/829/JHA of 23 October 2009.

Objectives

• Build the foundations for the achievement of common fundamental rights standards on the practical application of the pre-trial detention (and its alternative measures);
• Increase and improve the knowledge of legal practitioners, namely judges and magistrates, about the various national laws relating to the application of pre-trial detention;
• Raise awareness among legal practitioners about the conditions of pre-trial detention in European prisons and the application of PTD, its alternatives and enforcement in each context;
• Promote the effective implementation, in the European Union Member States, of the Council of Europe Framework Decision 2009/829 /JHA of 23 October 2009 (by increasing the capacity of judicial professionals).

Expected outcomes

• State of the art, comparative research and needs analysis
• Drafting recommendations on on pre-trial detention legislation and application at the European and national levels
• Awareness raising seminars
• Dissemination and integration through national workshops, an international outreach event at the European Judicial Training Network ( EJTN ), and a final public international conference

Promoter

Bremen Senate of Justice and Constitution, Germany

Partners

IPS Innovative Prison Systems (QUALIFY JUST – IT Solutions and Consulting), Portugal
Institute for the Sociology of Law and Criminology (Verein Fur Rechts-Und Kriminalsoziologie), Austria
Center for the Study of Democracy, Bulgaria
Agenfor International, Italy
European Strategies Consulting, Romania

Funding

European Commission: Directorate-General Justice and Consumers (DG Justice Programme)

Timeframe

04/2020 – 04/2022 (24 months)