Detention Conditions in a Cosmopolitan Europe

• In Event: International and Comparative Issues in Criminal Justice

Abstract

The aim of this presentation is to analyse the cosmopolitan direction of Europe regarding the norm and standard setting processes in the area of detention conditions for prisoners and asylum seekers. In recent years both the Council of Europe and the European Union have become increasingly active in this matter. This with the aim to uphold fundamental human rights values, to facilitate judicial cooperation in criminal matters and to create a Common European Asylum System. Substandard detention conditions across Europe for prisoners and asylum seekers have a crucial impact on this cooperation which is grounded on assumed mutual trust, solidarity and the protection of fundamental values.

The aim is to unravel if Europe, in the area of detention conditions for prisoners and asylum seekers, is a cosmopolitan actor which is grounded on fundamental human rights norms in order to deal with its diversity and to become a ‘unity in diversity’. The contributor draws from an extensive case law analysis, an in-depth examination of official documentation, as well as the results of qualitative interviews with key policymakers which are involved in the European norm and standard setting process related to detention conditions for both prisoners and asylum seekers.

Author

• Rebecca Deruiter, Ghent University