Brussels, 27/11/2013 (Agence Europe) - On 27 November, European Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding announced that the European Commission had adopted a package - three proposals for a directive and two recommendations, one on procedural safeguards for vulnerable people suspected or accused in criminal proceedings, the other on the right to legal aid - to strengthen the rights of suspects and their rights to benefit from a fair trial.
The three proposals for a directive relate to respect for the principle of presumption of innocence, the rights for children, and the right to provisional legal aid for citizens suspected of a crime and for those subject to a European arrest warrant.
The directive on the presumption of innocence should guarantee that all citizens suspected or accused of a crime will be presumed innocent by laying down several principles, a Commission press release states - guilt cannot be inferred by any official decisions or statements before a final conviction; the burden of proof is placed on the prosecution and any doubt must benefit the suspect or accused person; the right to remain silent is guaranteed and must not be not used against suspects to secure conviction; and lastly, the accused has the right to be present at the trial. The European Court of Human Rights (ECHR) has already found against several member states.
The directive on special safeguards for children (minors under 18 or 21 years old according to the practices in force) provides for children to benefit from mandatory assistance from a lawyer at all stages of the procedure. Other safeguards are also provided, such as the children being promptly informed about their rights, being assisted by their parents (or other appropriate persons), not being questioned in public hearings, the right to receive medical examination, and being kept separate from adult inmates if deprived of liberty.
The two recommendations propose that vulnerable people (for example, suffering from physical or mental disabilities) be detected and their special needs taken into account (for example, mandatory access to a lawyer, assistance by an appropriate third person, and medical assistance). The second recommendation proposes common factors to be taken into account (for example, the economic situation of a person) in assessing whether a person has a right to legal aid. This issue being extremely sensitive in some member states, however, member states will remain the only ones able to decide who can benefit from such aid. (SP/transl.fl)