25.11.2019 - - EJN
EJN Regional meeting on the transfer of custodial sentences and supervision measures - 23-24 September 2019 Madrid (Spain)

To improve the knowledge and use of the EU Framework Decisions within the EU the Dutch Central Authority for FD 829 together with the international desk of the Dutch Probation Service and the Dutch Central Authority for FD 909 organized a regional meeting on 23 and 24 of September 2019 on the transfer of custodial sentences and supervision measures. These transfers are regulated in FD 909 and FD 829.

With judges, prosecutors and a professor from Spain and Italy knowledge and experiences were exchanged via presentations, a case study and a quiz. The Dutch embassy in Madrid was so kind to support this meeting and offered us their hospitality. The just appointed ambassador, Mr. Jan Versteeg, opened the meeting and welcomed everyone.

Also the recent appointed Dutch Liaison Magistrate in Madrid , Mrs. Josien Mooijen, was able to join this meeting.

Points of interest were:
•    Mostly the person involved needs to take the initiative for a transfer himself. There’s almost no active policy to transfer penal decisions and there’s not a lot of information being provided.
•    Deportation seems to be more preferred by Member States than transfer. There are four times more deportations than transfers. In this way there are no possibilities for social rehabilitation.
•    After transfer of the prison sentence the convicted person mostly needs to start over again with the penitentiary program, there’s no follow up.
•    A survey by EJN shows that FD 829 is not well known among magistrates.
•    It is a matter of mentality that the transfer of supervision measures is rarely applied.
•    Magistrates prefer keeping suspects within reach. This leads to dire situations. For example, Dutch suspects must remain in Spain after suspension, while they have no work, income or shelter there.
•    When the transfer of a supervision measure is being considered, it’s useful to contact the other Member State and discuss about the opportunities in advance, because the legislation on pre trial detention differs per country.   

There were a lot of subjects to discuss during this meeting and there was an active participation. The dinner which was offered at the residence of the ambassador was one of the highlights of this meeting. We are looking back at a very successful meeting, where suggestions and concrete plans for improvement have been discussed and the necessary contacts have been made or strengthened.

Marina Beun
Prosecutor at the Dutch Central Authority for FD 947, FD 829 and Dir. 99

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