Same tools used differently: the preventive potential of the European Arrest Warrant against inhuman treatment

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 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.