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Criminal Justice - Pre-trial detention

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Subido el 10 de agosto de 2007 por EducaMadrid

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The excessive use (and length) of pre-trial detention is one of the main causes of prison overpopulation. Owing to the risk of flight, non-resident suspects are often remanded in custody, while residents benefit from alternative measures. According to general principles of law, custody pending trial shall be regarded as an exceptional measure and the widest possible use should be made of non-custodial supervision measures. However, the different alternatives to pre-trial detention that exist in national law (e.g. reporting to the police authorities or travel prohibition) cannot presently be transposed or transferred across borders as States do not recognise foreign judicial decisions on these matters.

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Every year in Europe, an estimated 10,000 European citizens are arrested and placed in pretrial detention in a member state other than their country of residence. 00:00:00
80% of them could be transferred. 00:00:11
The European Commission has just adopted a proposal that will enable European citizens who are arrested in another state to return to their country of origin pending trial. 00:00:14
The measure would have changed Lesz Cierpinski's life. 00:00:24
I was arrested in Gdansk in August 1998. 00:00:28
I was brought to the police station and then put in prison in pretrial detention. 00:00:32
Then I was transferred to Biala, where my detention was prolonged until December 1998. 00:00:37
That was until the end of 1998. 00:00:45
This situation was incomprehensible, especially because for three months I had no hearing and was never interrogated. 00:01:15
The sordid and rather rustic side of certain prisons makes detainees want to tell their side of the story and sometimes to ask the judge for an early release in exchange for information. 00:01:34
Placed in a cell with eight Polish detainees, he did not suffer from a language barrier, but was not able to contact a lawyer until three months after being arrested. 00:01:48
Pretrial detention of a suspect is justified by three main criteria. 00:01:58
The fear that the suspect will take flight, destroy evidence, or be a threat to law and order. 00:02:02
On average, pretrial detention lasts less than six months, but the way it is implemented can sometimes be controversial. 00:02:07
The only criterion for very important cases is what is referred to as a reasonable time in the European Convention on Human Rights, 00:02:14
which states that a suspect must be tried within a reasonable time or released pending trial. 00:02:21
In the case of Lesz, the months of pretrial detention ended without a trial or release, but by a ban on leaving Polish territory. 00:02:27
The authorities confiscated his passport. 00:02:34
The long period of judicial supervision that followed was described by the Swedish press as Kafkaesque. 00:02:37
After two or three years, if I was a judge in a court in Poland, I would say to myself, 00:02:44
OK, I don't think this man will run away from this process. 00:02:51
And in this case, if they would have let him stay in Sweden, he would also have the possibility to earn his living. 00:02:57
Since he could not work or find housing in Poland, Lesz looked for help, in particular from the Swedish embassy. 00:03:06
The message what we have done is a different kind. 00:03:15
I mean, we can only write to authorities. 00:03:19
We made phone calls to the courts, tried to follow the case and find out why it is prolonged. 00:03:22
But we could never interfere in the court proceedings, of course. 00:03:28
He tried everything. He really could not have tried anything else. 00:03:32
Arrested in 1998, it was not until July 2006 that he was able to return to his family in Sweden. 00:03:36
While this case is exceptional due to its duration, it serves as an illustration of what can happen. 00:03:43
The European Commission's proposal introducing the possibility for suspects to return to their country of origin 00:03:49
would apply not only to pre-trial detention, but also to judicial supervision. 00:03:56
I think it is an interesting idea. 00:04:01
The fact that a magistrate or a judicial officer will know that there is available this kind of, eventually, 00:04:04
this kind of possibility that a suspect could be sent home under supervision, 00:04:12
it might render him more open to granting bail. 00:04:20
The problems relating to the need for the suspect's presence during the investigation still have to be solved. 00:04:28
The European Union would like to deal with that issue by counting on cooperation and confidence between states, 00:04:34
so that European citizens who are suspects in another member state will continue to be presumed innocent 00:04:40
and no longer be subject to lengthy detention measures. 00:04:46
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Idioma/s:
en
Niveles educativos:
▼ Mostrar / ocultar niveles
      • Nivel Intermedio
Autor/es:
The European Union
Subido por:
EducaMadrid
Licencia:
Reconocimiento - No comercial - Sin obra derivada
Visualizaciones:
1272
Fecha:
10 de agosto de 2007 - 9:43
Visibilidad:
Público
Enlace Relacionado:
European Commission
Duración:
04′ 52″
Relación de aspecto:
4:3 Hasta 2009 fue el estándar utilizado en la televisión PAL; muchas pantallas de ordenador y televisores usan este estándar, erróneamente llamado cuadrado, cuando en la realidad es rectangular o wide.
Resolución:
448x336 píxeles
Tamaño:
25.21 MBytes

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