Brussels, 03/11/2011 (Agence Europe) - The Council of Bars and Law Societies of Europe (CCBE) published its position on Thursday 3 November on the proposal brought forward by Commissioner Viviane Reding on the rights of the victims of crime, expressing some concerns, it says in a press release.
The CCBE states first and foremost that it “recognises the importance of the Commission's initiative and broadly supports it. The CCBE even recommends strengthening some provisions, for instance the right for victims to receive information about their case, to understand and be understood and to have access to support services.”
A number of points in the text concern it, however: for example, the text, as it stands, affects the presumption of innocence of defendants. “Using the word 'victim' instead of 'alleged victim' is inappropriate until a final judgment has found the accused person guilty and recognised the person as victim, and that distinction should be made clear throughout the text”, according to the CCBE. Also, lawyers' “central” role in protecting alleged victims, namely in informing them of their rights and protecting them during questioning in criminal investigations, is “largely ignored in the proposed directive”, the CCBE goes on. It points out that “access to a lawyer at the early stages of the procedure - and not just during the trial - is not sufficiently addressed” and here, the CCBE argues, the EU needs to be consistent with what is being prepared regarding defendants' rights and access to legal aid.
The CCBE regrets, too, that only “public officials” are considered in the provisions on training of practitioners. “Lawyers also need to be sensitised to the specific needs of victims or alleged victims throughout the procedure, and not just judges, prosecutors and the police”, the CCBE argues.
Reding's proposal aims to ensure that victims of crime are treated with respect throughout all 27 member states and that the specific needs of vulnerable victims are properly addressed. It proposes that victims of crime receive aid and protection throughout the legal proceedings, whether this be the right to interpretation or translation or reimbursement of their costs. Justice ministers discussed the text at their meeting in Luxembourg on 28 October and called, largely on the grounds of cost, for aid to be concentrated on those with proven needs and who have a specific role in the procedure. (SP/transl.rt)