The European Commission has started the ball rolling to streamline detention policies across all 27 member states particularly over how long an accused can be retained in custody before facing trial.
As it launched a Green Paper asking for reactions from member states, the Commission made it clear it was not satisfied with the different pre-trial limits adopted by member states saying this could hinder the administration of justice and breach fundamental human rights.
“Excessively long periods of pre-trial detention are detrimental for the individual, can prejudice judicial cooperation between member states and run counter to EU values,” the Commission argued.
According to a study commissioned by Brussels, pre-trial detention varies drastically among member states, with some, including Malta, having the most extreme situation whereby no time-limits are set on how long an accused person can be detained behind bars before facing trial. According to recent data, among the 583 prisoners held in Corradino last year, 35.2 per cent were awaiting trail and many of them had been do so for years.
“But Malta is not the only member state in this situation... We think this is not justifiable anymore and some form of time limit needs to be set,” an EU official said. The other member states where a person can be detained indefinitely before facing trial include Belgium, the UK, Denmark, Finland, Luxembourg and Sweden.
On the other hand, the majority of member states impose a time limit for pre-detention. This varies from three months in Cyprus to six years in Italy. On average, member states with a time limit on pre-trial detention adopt a four year-limit between the time a person is arrested until s/he is tried.
European Court of Human Rights case law establishes that pre-trial detention must be regarded as an exceptional measure and the widest possible use should be made of non-custodial supervision measures. “The question arises whether minimum standards in respect of provisions on review of the grounds of pre-trial detention and/or statutory maximum time limits on pre-trial detention would enhance mutual confidence between member states,” the Green Paper notes.
“Would there be merit in having European Union minimum rules for maximum pre-trial detention periods and the regular review of such detention in order to strengthen mutual trust? If so, how could this be better achieved and what other measures would reduce pre-trial detention,” the Commission asks.
Apart from pre-trial detention time limits, the Green Paper also seeks to address detention conditions as it argues that “prison overcrowding and allegations of poor treatment of detainees may also undermine the trust that is necessary for judicial cooperation within the European Union”.
“For EU countries to cooperate in tackling crime and making the justice systems work, there needs to be mutual trust between judicial authorities in the EU,” European Justice Commissioner Viviane Reding said.
Acknowledging that prison conditions were ultimately a national responsibility, she said the aim of the Commission’s work was “to strengthen mutual knowledge about our systems and reinforce mutual trust to ensure an effective application of the principle of mutual recognition so that an EU area of justice can be effective”.