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IMPROVING CONDITIONS RELATED TO DETENTION

THE ROLE OF THE ECHR, THE STRASBOURG COURT AND NATIONAL COURTS Strasbourg, 6-7 November 2014 Council of Europe, Palais de l’Europe Avenue de l’Europe, Strasbourg, France Organiser: ERA (Ramin Farinpour) in cooperation with Fair Trials International (FTI), the Council of Europe and the European Organisation of Prison and Correctional Services (EuroPris)

Co-funded by the Criminal Justice Programme of the European Union

Language: English Event number: 314DT106

Objective

This first seminar in a series of three will analyse the roles of the European Convention on Human Rights (ECHR) and the European Court of Human Rights, as well as that of national courts, in improving conditions related to detention.

Key topics

Overview of relevant ECHR articles Case law of the European Court of Human

Rights and national courts on issues related to detention

Issues related to pre-trial detention Best judicial practice in improving matters

related to detention Mutual trust and mutual recognition of

judicial decisions relating to detention amongst EU Member States: the effect of Council Framework Decisions 2008/909/JHA and 2008/947/JHA (mutual recognition of judgements, custodial sentences and probation decisions) and 2009/829/JHA (European Supervision Order) and the 2014 European Commission report on their implementation, as well as the European Arrest Warrant

Who should attend?

Judges, prosecutors, lawyers in private practice, ministry officials and officials from prison administrations, the probation system and prison monitoring bodies.

For further information

Karin Pietrowski E-mail: kpietrowski@era.int Tel. +49 (0)651 937 37 323 Fax. +49 (0)651 937 37 791 Online registration: www.era.int

Speakers

Jesca Beneder, Legal Officer, Procedural Criminal Law Unit, Directorate-General for Justice, European Commission, Brussels

Philippe Boillat, Director General, Directorate General for Human Rights and the Rule of Law, Council of Europe, Strasbourg

Vincent De Gaetano, Chief Justice Emeritus of Malta, Judge at the European Court of Human Rights, Strasbourg

Ramin Farinpour, Course Director, European Criminal Law, ERA, Trier

Diana-Olivia Hatneanu, Lawyer, Diana-Olivia Hatneanu Law Office, Bucharest

Libby McVeigh, Head of Law Reform, Fair Trials International, London

Deirdre Malone*, Irish Penal Reform Trust, Dublin

Michaël Meysman, Doctoral Researcher, Institute for International Research on Criminal Policy (IRCP), Ghent University

Luis Pereira, Deputy Chief Prosecutor, Lisbon Appeal Court

Alessio Scandurra, Coordinator, Antigone (Observatory on Prison Conditions in Italy), Rome

Rebecca Shaeffer, Law Reform Officer, Fair Trials International, London

Dominique Tricaud, Lawyer, Tricaud-Traynard, Paris

Dirk van Zyl Smit, Professor, School of Law, University of Nottingham

*Invited

Education and Culture DG Erasmus + Programme

ERA is funded with support from the European Commission. This communication reflects the view only of the author, and the commission cannot be held responsible for any use which may be made of information contained therein.

For programme updates: www.era.int Programme may be subject to amendment.

Thursday, 6 November 2014

08:30 Arrival and registration of participants 09:00 Welcome

Ramin Farinpour

09:05 Introduction

Philippe Boillat

I. THE EUROPEAN CONVENTION ON HUMAN RIGHTS

(ECHR) ON DETENTION & THE EUROPEAN COURT OF HUMAN RIGHTS’ RELEVANT JURISPRUDENCE

Chair: Ramin Farinpour 09:10 From pre-trial detention to life imprisonment: an

overview of detention-related issues in Europe and the level of protection granted by the ECHR Dirk van Zyl Smit

09:45 The European Court of Human Rights’

jurisprudence on Articles 3, 5, 6 of the ECHR, as well as Protocol No. 4 Vincent De Gaetano

10:45 Discussion 11:15 Coffee break

II. PRE-TRIAL DETENTION Chair: Vincent De Gaetano

11:45 The case for action at European level: the use of pre-

trial detention and its impact on individuals in the context of the ECHR – video case studies and Fair Trials’ research project Rebecca Shaeffer

12:30 Discussion 12:45 Lunch

14:00 The use of pre-trial detention from the perspective of

an EU Member State: Italy Alessio Scandurra

14:30 Participant discussion and exchange of views on pre-

trial detention in their respective Member States

15:00 Coffee break

III. THE ROLE OF NATIONAL COURTS IN DEALING WITH DETENTION ISSUES AND IMPROVING CONDITIONS: BEST JUDICIAL PRACTICE ON THE BASIS OF MEMBER STATES’ EXPERIENCES

Chair: Rebecca Shaeffer 15:30 The role of the courts and case studies in France,

Romania and Ireland Dominique Tricaud Diana-Olivia Hatneanu Deirdre Malone

17:00 Discussion 17:30 End of the first day 19:30 Dinner

Friday, 7 November 2014

IV. MUTUAL TRUST AND MUTUAL RECOGNITION OF JUDICIAL DECISIONS

Chair: Diana-Olivia Hatneanu 09:00 Issues arising from mutual recognition of judicial

decisions in Europe: video case studies Libby McVeigh

09:45 Council Framework Decisions 2009/829/JHA,

2008/909/JHA and 2008/947/JHA and the latest Commission report on their implementation: are they working effectively to enhance cooperation within the EU? Jesca Beneder

10:30 The European Arrest Warrant and its application

throughout the Member States’ courts: effective tool or unnecessary burden in relation to detention? Luis Pereira

11:00 Coffee break 11:30 Cross-border execution of judgments involving

deprivation of liberty in the EU: overcoming legal and practical problems – an IRCP study Michaël Meysman

12:00 Panel discussion on the most effective way forward to

enhance mutual trust and mutual recognition of judicial decisions Jesca Beneder, Diana-Olivia Hatneanu, Libby McVeigh, Michaël Meysman, Luis Pereira, Dominique Tricaud

13:00 Participant discussion:

Identifying important features to enhance trust on the basis of participants’ own experiences

13:30 End of the seminar