Same tools used differently: the preventive potential of the European Arrest Warrant against inhuman treatment
Bicknell, C
Date: 1 December 2020
Article
Journal
European Human Rights Law Review
Publisher
Sweet and Maxwell
Abstract
Eradicating torture and inhuman or degrading treatment or punishment entails not just their
prohibition, but also their prevention. Within the Council of Europe close synergies between
its institutions are both notable and increasing. The European Union has been something of
an outsider in this regard. With focus on the European ...
Eradicating torture and inhuman or degrading treatment or punishment entails not just their
prohibition, but also their prevention. Within the Council of Europe close synergies between
its institutions are both notable and increasing. The European Union has been something of
an outsider in this regard. With focus on the European Arrest Warrant scheme (“EAW”), this
article argues for increased synergy between the EU, ECHR and European Committee for the
Prevention of Torture towards preventing inhuman treatment. It demonstrates how the CJEU
has moderated its previous approach to accommodate non-compliance with Article 4 of the
Charter (torture and ill-treatment) as a ground to refuse an extradition request. The article
argues that the progress made already can be developed further, and demonstrates how the
EAW may be mobilised as a preventive tool to improve inhuman and degrading detention
conditions in the prisons and remand centres of EU Member States.
Law School
Faculty of Humanities, Arts and Social Sciences
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