BIM/ERA Conference on the role of the judiciary and NPMs in prevention of ill-treatment in the application of EU law related to detention
On 16 and 17 November 2016, the Ludwig Boltzmann Institute of Human Rights (BIM) in cooperation with the Academy of European Law (ERA) held the final conference of a European Commission DG Justice supported project in the Haus der Europäischen Union in Vienna. Representatives of the judiciary and National Preventive Mechanisms (NPMs) from across the EU as well as international experts from the European Commission, the Fundamental Rights Agency, the SPT, CPT and civil society discussed during two days how they could contribute to the prevention of ill-treatment in the application of the Framework Decisions related to detention.
The conference examined the role of judges and NPMs in particular in the application of the European Arrest Warrant, the European Supervision Order, the Framework Decision on the Transfer of Prisoners, and the Framework Decision on Probation and Alternative Sanctions.
On the first day, Jean Tomkin (ERA) and Gerrit Zach (BIM) presented a draft study prepared by BIM and ERA which discussed the challenges, as well as the opportunities of the Framework Decisions to the prevention of ill-treatment and the role of judges and NPMs in this regard.
Wolfgang Bogensberger (European Commission), Daniel Jones (barrister) and Markus Jäger (Council of Europe) subsequently discussed the findings of the study. Presentations on alternatives to detention were given by Anton van Kalmthout (CPT) and Anna Esquerra Roqueta (Confederation of European Probation).
Finally, smaller interactive discussions between judges and NPMs aimed at understanding better each others roles, and at seeing how they could strengthen engagement, and raise awareness in each others area of work.
Moritz Birk (BIM) moderated the final session which concluded with presentations by Mari Amos (SPT), Anton Van Kalmthout (CPT), Jesca Beneder (EC), Jonas Grimheden (FRA), Octavian Ichim (APT) and Ralph Bunche (Fair Trials International). Discussion related to the role of the international community in supporting the work of judges and NPMs in order to ensure prevention of ill-treatment in the application of the Framework Decisions.
It was a fruitful, lively and thought provoking engagement. The project will now go into its final phase, and the discussions and conclusions drawn from the conference will be worked into the BIM/ERA study, which will be published early 2017.
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