Pre-trial detention trends in post-communist states of Central and Eastern Europe – influential factors and challenges

• In Event: Pre-trial detention and bail

Abstract

Although the total number of pre-trial detainees has increased worldwide over the past 25 years, Europe is the only continent where the pre-trial detention population has decreased. The main reason for this decline was a significant reduction in the number of pre-trial detainees in Russia. Changes in the practice of pre-trial detention in most post-communist countries of Central and Eastern Europe also contributed to the absence of an upward trend. Despite this, the use of pre-trial detention in Central and Eastern Europe has rarely been the focus of separate analyses.
The aim of the presentation is threefold. First, an analysis of pre-trial detention trends in selected post-communist countries of Central and Eastern Europe over the past 25 years will be conducted. Various measures of pre-trial detention will be examined and compared to trends in European Union and Council of Europe countries. Second, a general overview of the key factors influencing these trends across Central and Eastern Europe will be discussed. The improvement in statistical data on pre-trial detention in post-communist countries is a direct consequence of the democratization of their criminal justice systems. Particular attention will be given to the role of the European Convention on Human Rights in shaping legal standards and the potential impact of the European Union accession process. Third, historical and contemporary challenges affecting the use of pre-trial detention will be analysed. Special focus will be placed on the communist past of these countries, as well as examples of current threats to judicial independence and the impact of penal populism on pre-trial detention policies.

Author

• Anna Grochowska-Wasilewska, University of Warsaw