Brussels, 30/09/2011 (Agence Europe) - The Council of Bars and Law Societies of Europe (CCBE), which represents around 1 million European lawyers, stated on Friday 30 September in a press release that it was “alarmed” by the recent decision taken by five member states with regard to the draft directive on the right of access to a lawyer in criminal proceedings and the right to communicate upon arrest. On 22 September, France, the United Kingdom, the Netherlands, Ireland and Belgium sent a letter to the Commission in which they said they had “serious reservations about the Commission approach” presented on 8 June by Commissioner Viviane Reding.
In their letter they state that the text submitted “would present substantial difficulties for the effective conduct of criminal proceedings”. Two of the five countries (the United Kingdom and Ireland) are able to decide not to opt into this legislation. This is a position that the CCBE finds difficult to understand. In a press release, the CCBE rejected the claim that the presence of a lawyer during investigations would have a negative impact on the effectiveness of the investigation. The president of the CCBE, Georges-Albert Dal affirmed: “On the contrary, the participation of a lawyer ensures fairness of the procedures and admissibility of evidence gathered in his or her presence, and it should apply whenever the issue is sufficiently grave to justify a deprivation of liberty.” The organisation also points out that the draft directive “explicitly provides that the right to the presence of a lawyer would not apply where this could prejudice the acquisition of evidence”.
The CCBE also refutes the claim that the draft directive extends the jurisprudence of the European Court of Human Rights. Dal continues: “The fact that the Court has not had chance to deliver rulings on all specific issues regarding access to a lawyer should not prevent an EU directive from including provisions which follow the line of the Court's case law.”
The CCBE points out that “the Court's judgements have an interpretive authority for all Council of Europe countries” and “leaving domestic laws as they are and waiting for future judgements of the Strasbourg Court to adjust these separately is not the solution”.
The organisation explained that, contrary to the opinion of these five countries, the complex question of legal aid should be treated separately from the question of access to a lawyer. This differentiation will avoid “unduly” delaying adoption of this measure, in the CCBE's opinion.
In its press release, the CCBE stated that “undoubtedly this measure will have a significant financial impact on those member states which do not presently comply with the requirements of Article 6 of the European Convention on Human Rights (…) but financial concerns have not moderated the enthusiasm of the measures which assist the prosecution”. (SP/transl.fl)