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Publication

Update report on pre-trial detention

2018

May 30, 2018 - Pre-trial detention, LEAP
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Since our 2016 report, there have been several significant developments in relation to pre-trial detention. In particular, the fall-out from the Aranyosi & Caldararu judgments of the Court of Justice of the European Union (CJEU) and the findings from the European Committee for the Prevention of Torture (CPT) 2016 annual report, which indicate that poor detention conditions are largely linked to overcrowding resulting from the over-use of pre-trial detention and a lack of enforceable regional-level safeguards.

A further significant development is the implementation of the EU Directive 2013/48/EU on the right of access to a lawyer which was due to be transposed by Member States by the end of November 2016, and which requires Member States to ensure that suspects and accused persons who are deprived of liberty are able to exercise effectively the right of access to a lawyer.

In light of these developments, we have gathered data, including through LEAP members, on the rates of pre-trial detainees, judicial decision-making, legislative and jurisprudential developments, use of alternative measures, conditions of detention, and any existing remedies to wrongful pre-trial detention, with a view to highlighting both progress and persistent shortcomings.

If you are a journalist interested in this story, please telephone Fair Trials’ press department on +44 (0) 20 7822 2370 or +32 (0) 2 360 04 71.

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