New EU measure must enhance, not diminish citizens’ trial rights

June 04 2008

Justice campaigners Fair Trials International (FTI) have called on EU Justice Ministers to reject proposals on trials in absentia unless they achieve their aim of improving citizens’ rights.

The Draft Framework Decision on trials in absentia (where a criminal trial takes place without the defendant being present) will be discussed by Justice Ministers at the Justice and Home Affairs Council in Luxembourg today and tomorrow.

It aims to set out clearer rules on notification procedures and other safeguards in relation to such trials. Negotiations on the details of the Framework Decision have been underway for several months and the UK Government published its response to its consultation on the issue on Wednesday 4 June.

“While we welcome the progress made on the harmonisation of domestic law which such a measure inevitably requires, and improvements to notification procedures, we remain concerned that a failure to properly provide a right to a retrial as a safeguard risks undermining protection for citizens,” said FTI Chief Executive Catherine Wolthuizen.

“FTI deals with many cases where defendants are simply not notified of charges against them in another country, and therefore have no opportunity to attend trial and defend themselves. While we welcome efforts to improve notification procedures, there still remains a need for a right to an effective and fair retrial where notification is inadequate.

“This retrial would place the defendant in the same position as someone being surrendered to stand trial for the first time. This means not only that fresh evidence may be presented and that the verdict of the first trial (where the defendant was not present) can be reversed, but also that the defendant has a right to appeal any conviction which may be reached.

“The failure of the current version to address this last right means the defendant will not have the same rights as he or she would have had if the notification had been effective. This is unfair and should be changed.

“We also call on the Council to adopt common timeframes notifying defendants of decisions made in their absence and for them to request a retrial. These currently vary wildly across the EU, generating confusion and inconsistency.

“This is not about helping defendants evading trial, but rather ensuring they have a chance to know the charges against them and to prepare and present a defence if they choose to do so. These principles are consistent with the fair trial rights guaranteed under international conventions, and their incorporation into the Framework Decision should not be controversial,” concluded Ms Wolthuizen.

For comment, contact Catherine Wolthuizen on 07846 472 923 or 020 7762 6400

For UK Government’s response to its consultation on trials in absentia, please click here: