Ref. Ares(2012)995424 - 23/08/2012 EUROPEAN COMMISSION Cabinet of Vice-President Viviane Reding, Commissioner for Justice, Fundamental Rights and Citizenship Head of Cabinet Brussels, 23 August 2012 MS/TB/jl Ares link (2012) 771692 Dear Ms Heard, Thank you for your email dated 26 June 2012 and for the copy of the open letter addressed to Vice-President Viviane Reding regarding EU action on pre-trial detention in Europe. The European Commission is folly aware of the issues relating to pre-trial detention and remains committed to improving the situation. While the area of detention, in principle, comes under the purview of Member States, it is important that the minimum level of protection of fundamental rights is respected in order to strengthen mutual trust and the efficient functioning of mutual recognition instruments in the area of detention, in accordance with and within the limits of the EU's competence. This is why last year the European Commission published a Green Paper entitled "Strengthening mutual trust in the European judicial area - A Green Paper on the application of European Union criminal justice legislation in the field of detention" (COM (2011) 327). In reply to the Council's request, the Green Paper, which is part of the European Commission's procedural rights package, primarily focuses on pre-trial detention. The European Commission received a total of 81 replies from Member States, practitioners, international organisations, NGOs and academics, the last of which was received in March 2012. Directorate-General Justice has been analysing these replies and is currently assessing, on this basis, what appropriate action can and should be taken at European level. Yours sincerely, ?0 Martin SELMAYR Catherine Heard Head of Policy Fair Trials International e-mail: [email protected] Mail : European Commission - Office : BERL 12/294 -1049 Brussels - Belgium Adress : rue de la Loi / Wetstraat 200, 1040 Bruxelles / Brussel Tel. +32-2-298.12.30 - Fax: +32-2-299.92.01 - E-mail: [email protected] .