Assurances are the “new frontier” in prison conditions cases. States provide “diplomatic undertakings” to obtain surrender/extradition when, otherwise, it would violate Article 4 of the EU Charter/Article 3 ECHR. These provide that a certain prisoner will benefit from “enhanced treatment”, such as detention in a cell with fewer co-detainees than normal. Even among Council of Europe States, all of whom ostensibly have the same minimum standards, there is a recent proliferation of assurances and compliance therewith is difficult to challenge in national courts.
The Assurance Project gathers data on these assurances. It provides information on which countries, what prisons and what conditions are guaranteed. This should assist practitioners in finding relevant information and accessing national court decisions. A future ambition is to create national networks to monitor assurances so there is accountability if guaranteed conditions are not respected.
Coordinators
Stefan Hyman is a barrister at 9BR Chambers (London) and called in England and Wales and Ireland. Specialist in extradition, EAW, criminal law and sanctions.
Katarzyna Dabrowska is a specialist in international criminal law, covering extradition issues and all matters related to international cooperation in criminal proceedings (including the European Investigation Order, the transfer of judgments, the European Public Prosecutor’s Office, and international investigation teams).
Marie Poirot specializes in criminal law, international criminal law and white-collar crime, with a focus on cross-border cases. Her practice also includes international enforcement and asset recovery, especially in the context of complex fraud.