Informing good practice on the treatment of citizens imprisoned abroad across Europe

In late June, I travelled over to Galway in Ireland, to support the update to Recommendation CM/Rec(2012)12 of the Committee of Ministers to member states concerning foreign prisoners.  

Foreign national prisoners are overrepresented in Western Europe. They are more likely to be placed (and kept) in custody (i.e., refused bail), face isolation due to language barriers, lack support from family and friends, have reduced access to programs, and face challenges with reintegration upon release. 

The 2012 Council of Europe recommendation replaced a recommendation from 1984, aiming for humane and tangible long-term solutions based on European best practices. At the time, the scope of the recommendation was on non-nationals, non-residents, people in prison, and adults. It included basic principles such as respect for rights and needs, access to interpretation and translation, and accommodating special needs to prepare for release and reintegration. 

In 2025, the recommendation is being updated to focus on foreign nationals subject to criminal proceedings, in prison, or under probation. There is an enhanced focus on anti-discrimination, the need for a balanced program of activities, procedural rights in inter-state transfers, and the professionalization of people working with foreign nationals in prison and probation. 

The value of collaboration 

I have been pleased to contribute as a member of a joint Europris/CEP expert group on foreign nationals in prison and on probation. Through this group, I was invited to Galway to share the perspective from Prisoners Abroad. 

Collaboration is not always easy, but it is key to improving policy and practice. I was delighted to be surrounded by experts from across Europe, all bringing their own perspectives but ultimately sharing the same goal of improving the recommendation. 

Drawing on our experience ‘on the ground’ 

From our frontline experience, we know there are many good provisions in the current recommendation. However, it is essential that countries, authorities, and staff are familiar with them to ensure implementation. It is also important to monitor and evaluate the impact of the recommendation. 

Contact with the outside world has developed in many countries’ prison regimes, increasing the use of video technology and IT to allow for video and email contact. However, many of these systems are not available to foreign nationals in practice, as they often assume family members are in the same country. 

For example, in France, there is an online visit booking system. However, family members in the UK cannot use this system because the registration requires a French social security number. 

We would like to see foreign national prisoners have equal access to technological options available to others in the prison, including ensuring that adaptations are made to support access. 

The importance of advocating for policy improvements 

Prisoners Abroad is aware of many examples where elements of the recommendation are not implemented around Europe. Better resourcing and training of prison staff to act accordingly seem key to improving the treatment of foreign nationals in prison, as well as an effective monitoring and accountability mechanism to oversee the implementation of the recommendation. 

A key part of our strategy and priorities to 2030 is to advocate for improvements in policy and practice. Given that a significant proportion of the people we support are in prison across Europe, we look forward to continuing to support the important work being done on the recommendation and ensuring it is put into practice.