Resumen de Transferring Non-Consenting Prisoners
Offenders’ rehabilitation is the declared objective of the transfer of foreign prison-ers to their country of nationality, origin or permanent residence. The rationale behind this is that allowing prisoners to serve their sentence close to home can be a significant instrument in improving their chances of social rehabilitation. In Framework Decision 2008/909/JHA, the previous right of veto held by sentenced persons in the 1983 Council of Europe Convention when they are transferred to their country of nationality or residence was abolished. This change has a major negative impact on the position of the sentenced person. It also raises questions as to the coherence between the transfer of non-consenting prisoners and the re-habilitation perspective, given that social rehabilitation intrinsically requires the coopera-tion of the person involved. By discussing the compatibility, the reader is given a deeper and contextualised insight into the fact that not every policy measure actually serves the purpose for which it was intended. In fact, the abolition of the prisoner’s right of veto makes the Eu-ropean instrument appear more concerned with the needs of the issuing states than with those of the affected individuals.
