Brussels, 09/06/2011 (Agence Europe) - On Wednesday 8 June, French Justice Minister Michel Mercier strongly criticised the proposal for a directive from Commissioner Viviane Reding (see EUROPE 10394) regarding the obligation to have a lawyer present for persons taken into police custody. In his view, such a proposal would have an adverse effect on the effectiveness of investigations. The Commission sees it, however, as a means to ensure the rights of the defence.
The minister, cited by AFP, said the proposal entailed serious difficulties as it does not ensure the necessary balance between protection of the rights of the defence and needs inherent to the investigation. In France, he said, “we have managed to strike a balance in our national law”. Legislation strengthening the presence of a lawyer during custody took effect in France on 1 June.
Reding's draft directive provides for systematic intervention by a lawyer whose presence is extended to other acts such as house searches and forensic testing (e.g. DNA) on the person in custody, the minister explained. It allows the lawyer to ask questions at any moment, he said, adding that intervention by the lawyer is not subject to regulations as it is under French law, and is not limited in time. He felt that all these measures put a constraint on the investigator who is forced to follow the rate imposed by the custody lawyer. “This mechanism, that puts restraint on the investigation, could be a brake on the demonstration of truth and compromise the success of the inquiry, to the detriment of society and the victims”, the minster said.
The Council of Bars and Law Societies of Europe (CCBE), on the other hand, welcomed the proposal saying it recognised the importance of ensuring confidentiality of all communications between lawyers and clients. The proposal, says the CCBE, shows the European Commission's commitment to ensuring that those in custody have the same fundamental rights in their relations with the criminal legal systems whatever the country in which the individual is suspected or accused of having committed a criminal offence. (S.P./transl.jl)