De naleving van internationale standaarden rond penitentiair tuchtrecht. Een case study van België en Frankrijk en de relevantie voor Europese samenwerking

The present research aims at measuring compliance with international standards on prison discipline in Belgium and France, in law and in practice. Hence, differences between the Belgian and French prison disciplinary regime are explored. The insights on the degree of both countries’ compliance with international standards are further discussed by researching the legal and policy implications of these violations of international law. This discussion focusses first on intrastate implications: what are the consequences when a state doesn’t comply with international standards within its own borders. The second analysis has an extrastate focus: the discussion is directed at the consequences of non-compliance with international standards on prison discipline for cooperation in criminal matters within the EU. I.e., can EU member states swiftly extradite or transfer persons, or are poor or different detention conditions an impediment for EU cooperation? The research findings are based on an analysis of international and national legal instruments, policy documents and jurisprudence. These findings are complemented with an empirical research in seven prisons in Belgium and France. Data was gathered using methodological triangulation, mostly by studying prison disciplinary files, attending disciplinary hearings and interviewing detainees, prison officers and prison managers. The research findings show considerable differences between Belgium and France regarding their compliance with international standards on prison discipline. Furthermore, violations of these standards lead to a substantial deterioration of a prisoner’s legal status in prison. Legal consequences of non-compliance with international standards are limited however, both for the EU member state as such, as for cooperation between EU member states. Nevertheless, it becomes evident that EU policy in the area of cooperation in criminal matters lacks consistency and that there is an urgent need to reflect on the role of the EU in detention issues