On 3 September 2024, the joint EU/CoE project, the European Forum of National Preventive Mechanisms (NPM) the working group responsible for developing a Guide for NPMs on monitoring the implementation of the European Commission’s “Recommendation on Procedural Rights of Suspects and Accused Persons Subject to Pre-Trial Detention and on Material Detention Conditions” (the Recommendation) concluded its work. This marked one of the last steps in the finalisation of the Guide, a tool for NPMs, which aims to give them a practical framework for monitoring the implementation of the Recommendation.
The working group, composed of Council of Europe experts and several NPMs from various member states, held a discussions on all modules of the draft Guide. Particular attention was given to areas where new regulations exist, such as the detention of transgender people. The group also engaged in an extensive analysis of how NPMs can effectively monitor the procedural rights of pre-trial detainees. It was emphasised that the mandate of NPMs could include tools extending beyond on-site inspections, such as research and analytical work to address complex topics.
The Recommendation, introduced in December 2022, represents a novel EU-wide instrument establishing minimum standards designed to uphold the rights and dignity of detainees. Key aspects include limiting the use of pre-trial detention as a last resort, defining standards for cell sizes, outdoor time, nutrition, and healthcare conditions, as well as initiatives aimed at reintegration and social rehabilitation.
The draft Guide is expected to be finalised and disseminated by the end of 2024. It is based on existing European, and international standards, along with the practical experiences of NPMs in the field. By providing clear guidelines and tools for assessment, the Guide will empower NPMs to play a crucial role in monitoring and ensuring that member states adhere to the standards set forth in the Recommendation. This collaborative effort is aimed at fostering a consistent and comprehensive application of these standards across the EU and beyond, ultimately contributing to the protection of detainees' procedural rights and the improvement of detention conditions across Europe.
