Transferring Non-Consenting Prisoners

Abstract

[Abstract]: Offenders’ rehabilitation is the declared objective of the transfer of foreign prisoners to their country of nationality, origin or permanent residence. The rationale behind this is that allowing prisoners to serve their sentence close to home can be a significant instrument in improving their chances of social rehabilitation. In Framework Decision 2008/909/JHA, the previous right of veto held by sentenced persons in the 1983 Council of Europe Convention when they are transferred to their country of nationality or residence was abolished. This change has a major negative impact on the position of the sentenced person. It also raises questions as to the coherence between the transfer of non-consenting prisoners and the rehabilitation perspective, given that social rehabilitation intrinsically requires the cooperation of the person involved. By discussing the compatibility, the reader is given a deeper and contextualised insight into the fact that not every policy measure actually serves the purpose for which it was intended. In fact, the abolition of the prisoner’s right of veto makes the European instrument appear more concerned with the needs of the issuing states than with those of the affected individuals.