EU agrees on Bill to ensure defendants’ right to information

http://euroalert.net/en/news.aspx?idn=13983

November 17, 2011

EU Member States agreed on a draft law ensuring the right to information in criminal proceedings

EU Member State representatives reached an agreement on a draft law that will ensure defendants’ right to information in criminal proceedings wherever they are in the EU. Under the new law, suspects of a criminal offence will have to be informed of their rights in a language they understand. The proposed Directive will now pass to the European Parliament for adoption in the coming weeks, before final adoption by ministers meeting in the Council.

EU governments agreed on a draft law that will ensure defendants’ right to information in criminal proceedings wherever they are in the EU. The measure was proposed by the European Commission proposed in July 2010 as part of its efforts to ensure people have a right to a fair trial throughout the EU. It is the second step in a series of measures to set common EU standards in criminal cases. The European Parliament and Council approved the first proposal, which gave suspects the right to translation and interpretation, in October 2010. The proposed Directive on the right to information in criminal proceedings will now pass to the European Parliament for adoption in the coming weeks, before final adoption by ministers meeting in the Council.

The Directive will ensure that police and prosecutors provide suspects with information about their rights. Authorities will give this information in writing – in a Letter of Rights – drafted in simple, everyday language following an arrest. It will be provided to suspects upon arrest in all cases, whether they ask for it or not, and translated if necessary. The right to information in criminal proceedings is part of a series of fair trial measures that aims to boost confidence in the EU's single area of justice. 

The Letter of Rights will help to avoid miscarriages of justice and reduce the number of appeals. The Commission has provided Member States with a model letter, which will be translated in all 23 EU languages.