Commission Recommendation (EU) 2023/681 on procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions

Summary:

Recommendation adopted by the European Commission on 8 December 2022 concerning the procedural rights of suspects and accused persons subject to pre-trial detention and on material detention conditions.

Further information:

This Recommendation lays down minimum standards measures, a number of which are already presented in different instruments, such as using pre-trial detention as a measure of last resort and introducing periodic reviews where its use is justified; establishing minimum standards for cell sizes, outdoors time and nutrition and healthcare conditions; as well as initiatives with a view to reintegration and social rehabilitation.

The document also introduces measures to address the issue of radicalisation in prisons. Other particular measures are also proposed for women and girls, LGBTIQ, foreign nationals, persons with disabilities and other vulnerable detainees, such as ensuring reasonable access to professional interpretation services.

The Recommendation was adopted by the European Commission on 8 December 2022, following a request from the Council of the European Union in October 2021 that the Commission opts for non-legislative measures to address detention conditions and to enhance the use of alternative measures. The Recommendation was published in the Official Journal on 24 March 2023.

• Alternative Source 1

Official

European Commission: Policies: Rights of suspects and accused https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/criminal-justice/rights-suspects-and-accused_en

European Commission: Press Release, 08/12/2022: European Commission puts forward recommendations related to detention conditions https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7570

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