Brussels, 23/11/2011 (Agence Europe) - A week after the agreement was reached at the Council, the EP's civil liberties committee (LIBE) gave its approval on Wednesday 23 November to Commissioner Reding's directive to grant suspects procedural rights throughout the EU. A parliamentary press release indicates that according to this law, anyone suspected or accused of having committed a crime in the EU must be promptly informed in writing of his or her procedural rights (and in easy-to-understand language) - such as the right to translation or interpretation, information about what criminal act he or she is suspected of having committed, and the right to see a lawyer. MEPs added to this “letter of rights” the right to remain silent, the right to emergency health care and the right to contact a family member.
The committee explains that “today, citizens arrested and charged with a criminal offence cannot be certain that they will be properly informed of their rights everywhere in the EU. In some member states, they receive only oral information about their procedural rights, whilst in others the information is given in writing, but is technical, complex and provided only on request”. LIBE's approval of the letter of rights “is important in ensuring that suspected and accused persons are granted a fair trial when being involved in criminal proceedings in their home country or in another EU member state”, explained civil liberties committee rapporteur, Birgit Sippel (S&D, Germany).
According to the text voted for by MEPs, anyone suspected or accused of having committed a crime will therefore have the right to swift access to either written or oral information on the following procedural rights: the right of access to a lawyer, any entitlement to legal advice free of charge and the conditions for obtaining it, the right to be informed of the accusation, the right to interpretation and translation, and the right to remain silent.
During arrests, the civil liberties committee explained that suspects “must also be given a written letter of rights”. In addition to the rights mentioned above, the letter must give the arrested person information on: the right to access to the materials of the case, the right to have consular authorities and one person informed (for example, a family member or employer), the right of access to urgent medical assistance, and the right to know for how many hours/days he may be deprived of liberty before being brought before a judicial authority. The letter of rights must also give basic information about any possibility to challenge the lawfulness of the arrest, to obtain a review of the detention, or to apply for provisional release. MEPs, however, indicated that with regard to key factors in specific cases, access could be refused “if it may lead to serious risk to the life or fundamental rights of another person or if it is strictly necessary to safeguard an important public interest”, e.g. in cases where it risks prejudicing an ongoing investigation, or where it may seriously harm the national security of the member state.
The plenary vote is expected to take place in December and the directive will then be formally adopted by the Council. Last week, the latter agreed to the provisions in this directive but wanted the declaration redrafted stipulating that although the Council agrees to the main principles of informing suspects, this did not mean that it agrees to all the proposals submitted by Commissioner Reding, particularly the controversial text authorising the presence of a lawyer at the beginning of custody. (SP/transl.fl)