Committee Opinion | Doc. 14561 | 23 May 2018
Detainees with disabilities in Europe
Committee on Legal Affairs and Human Rights
A. Conclusions of the committee
(open)B. Proposed amendments
(open)Amendment A (to the draft resolution)
In paragraph 2, first sentence, before the word “disabilities”, add the word “physical”.
Amendment B (to the draft resolution)
In paragraph 4, after the first sentence, insert the following sentence:
“This population, particularly fragile and sensitive to its environment, is susceptible, where care is inappropriate, to aggravation of its health problems and decompensations in the form of distress, agitation and even violence.”
Amendment C (to the draft resolution)
At the end of paragraph 7.5, add the following words:
“, and systematically to consider non-custodial pretrial coercive measures or sentences, or compassionate release, for disabled persons whose circumstances could otherwise justify detention or imprisonment, depending on the nature and severity of their disability and the capacity of the custodial system to provide appropriate care bearing in mind the principle of reasonable accommodation;”
Amendment D (to the draft resolution)
At the end of paragraph 7.6, add the following words:
“; convicted persons who suffer from serious mental problems should be provided with health care and detained in closed facilities specialised as appropriate to their state of health wherever practicable;”
C. Explanatory memorandum by Mr Pierre-Alain Fridez, rapporteur for opinion
(open)
- the prohibition of discrimination in the application of non-custodial measures, which, in accordance with the case law of the European Court of Human Rights, also requires differential treatment of different groups where justified by relative differences in relevant characteristics;
- respect for the principle of proportionality between the seriousness of the offence and the intensity of the punitive character and the interference of the measure applied with the rights of the offender, where the relative intensity of the punitive effect and the interference with the offender’s rights may be greater in the case of a disabled detainee;
- respect for an offender’s rights to privacy and human dignity, which may be subject to more serious interference in the case of disabled detainees;
- the protection from undue risk of physical or mental injury, which may be greater in the case of disabled detainees.
1. Amendment A (to the draft resolution)
Explanatory note
This amendment seeks to clarify that the problems mentioned in the first sentence of paragraph 2 of the draft resolution, especially those relating to mobility issues, are relevant to detainees with physical disabilities in particular.
2. Amendment B (to the draft resolution)
Explanatory note
This amendment seeks to clarify the consequences that may be suffered by detainees with psychosocial disabilities should appropriate care not be available.
3. Amendment C (to the draft resolution)
Explanatory note
This amendment seeks to encourage the relevant national authorities systematically to take account of the individual situation of disabled persons, namely their specific vulnerabilities and needs, when taking decisions on detention whether at the pretrial or sentencing stage, as well as for the purposes of compassionate release.
4. Amendment D (to the draft resolution)
Explanatory note
This amendment is self-explanatory; it is a consequence of the need to ensure appropriate care and respect for the detainee’s human dignity and safety, as well as the safety of others in certain cases.