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Table of Recommendations and Practices Foreign Nationals

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Foreign Nationals in Prison

In the table of recommendations and practices below, each Article of the Council of Europe Recommendation 2012 (12) on Foreign Prisoners is included. For each of these Articles, information is collected from European Prison Services giving inspiration to its members and providing practices that support the implementation of the Recommendation. The table also contains references to the practice being a national, local or regional initiative, the legal basis and budget sources.

The table can be searched by country and by Article of the Recommendation.

Countries that are not yet included are invited to submit their data and send them to secretariat@europris.org.

II. 3 - Foreign prisoners shall be treated with respect for their human rights and with due regard for their particular situation and individual needs.
No Responses
II. 4 - Foreign suspects and offenders shall be entitled to be considered for the same range of non-custodial sanctions and measures as other suspects and offenders; they shall not be excluded from consideration on the grounds of their status.
No Responses
II. 5 - Foreign suspects and offenders shall not be remanded in custody or sentenced to custodial sanctions on the grounds of their status, but, as for other suspects and offenders, only when strictly necessary and as a measure of last resort.
No Responses
II. 6 - Foreign offenders sentenced to imprisonment shall be entitled to full consideration for early release.
Country
Description of initiative
Country
Netherlands
Description of initiative
The Netherlands Foreign prisoners who are not allowed to remain in the Netherlands after the expiration of their sentence, can be granted suspension of their sentence under the condition that they leave the country. Suspension can be granted after two thirds (in case of sentences of three years or more) or when at least half the sentence is executed (in case of sentences up to three years) This possibility of suspension is a strong incentive for the foreign prisoner to prepare for repatriation National t.bagchus@dji.minjus.nl



II. 7 - Positive steps shall be taken to avoid discrimination and to address specific problems that foreign persons may face while subject to community sanctions or measures, in prison, during transfer and after release
No Responses
II. 8 - Foreign prisoners who so require shall be given appropriate access to interpretation and translation facilities and the possibility to learn a language that will enable them to communicate more effectively.
Country
Description of initiative
Country
Sweden
Description of initiative

All foreign prisoners can apply for language studies. Usually they start with education in Swedish for immigrants. You get a basic knowledge of the Swedish language. You learn to speak, read and write in Swedish and must practice using the language in everyday and working life.

After completing the course, you get scores. Some prisoner usually with shorter time in prison can choose to study English

National
Legal
Tommy.Nyman@kriminalvarden.se

Country
Netherlands
Description of initiative

Whenever necessary interpretation and translation via telephone is provided.

National

t.bagchus@dji.minjus.nl

II. 9 - The prison regime shall accommodate the special welfare needs of foreign prisoners and prepare them for release and social reintegration.
No Responses
II. 10 - Decisions to transfer foreign prisoners to a State with which they have links shall be taken with respect for human rights, in the interests of justice and with regard to the need to socially reintegrate such prisoners.
Country
Description of initiative
Country
Estonia
Description of initiative

Foreign prisoners are evaluated using a specific methodology to assess whether expulsion is justified or not. Estonian Ministry of Justice has developed this methodology based on European Court of Human Rights recognized criteria. It is obtained by evaluating positive and negative aspects which provides a final assessment with a score. The methodology is outlined in the following circumstances, which is assessed by whether:

  1. Spouse or parents’ presence in country where prisoner is serving their sentence
  2. Prisoner is a minor
  3. Prisoner’s children live in the country and prisoner has a relationship with them
  4. Prisoners parents need help (eg disability)
  5. the subject has no ties to the country of destination and their reintegration can be complicated
  6. The family would have difficulties to integrate into another country (nationality, language, education of children and their age, health condition, personal needs etc)
  7. The person has been present in Estonia legally at least 5 years
  8. Prisoner has committed youth crimes
  9. Person has made efforts to integrate into the country (i.e. applied for citizenship and reached proficiency in Estonian language. Seriousness of crime considered, whether person a recidivist, if the person is in country illegal and what is their level of personal danger to country.

National

merike.tartu@just.ee

II. 11 - Sufficient resources shall be allocated in order to deal effectively with the particular situation and specific needs of foreign prisoners.
No Responses
II. 12 - Appropriate training in dealing with foreign suspects and offenders shall be provided for the relevant authorities, agencies, professionals and associations which have regular contact with such persons.
Country
Description of initiative
Country
Estonia
Description of initiative

Meetings which including training, are held between relevant authorities such as Prisons, Police and Boarder Guard Board, Ministry of Justice and foreign prisoner coordinators, several times in a year.

National

merike.tartu@just.ee

Country
Netherlands
Description of initiative

Staff are provided with additional training in intercultural communication and with additional language training (English, and Spanish)

National

t.bagchus@dji.minjus.nl

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European Organisation of Prison and Correctional Services (EUROPRIS)