Alternative PRE-TRIAL detention measures

Abstract

Every year, millions worldwide endure prolonged pre-trial detention (PTD), often before their guilt is established. In the EU, over one-fifth of prisoners are held in PTD, with some countries exceeding the average rate, exacerbating prison overcrowding and impacting prisoners’ rights, families, and public resources. PTD’s overuse leads to deteriorated prison conditions, increased psychological harm, and socio-economic consequences such as job loss and stigma. The PRE-TRIAD project, funded by the European Commission, aims to promote common standards and alternative measures to PTD across Member States, in line with Council Framework Decision 2009/829/JHA. This framework encourages judicial cooperation and mutual recognition of precautionary measures, balancing crime repression with fundamental rights like the presumption of innocence and freedom. While security concerns have historically dominated, recent EU efforts emphasize protecting individual dignity and human rights in criminal justice. Establishing harmonized standards for PTD and its alternatives is essential for a just, effective, and humane European area of freedom, security, and justice.