EUROPEAN PARLIAMENT ADOPTS LAW ON INTERPRETATION RIGHTS IN CRIMINAL CASES

For Immdiate Release

The European Parliament has today adopted a new law to ensure anyone facing charges in an EU country is given access to an interpreter and to translation of documents. This is the first of a series of measures proposed in July 2009, designed to ensure greater protection of the fundamental right to a fair trial across Europe. Fair Trials International has long campaigned for these legally binding defence safeguards.

Jago Russell, Chief Executive of Fair Trials International, said:

“We are delighted that a Directive guaranteeing this key fair trial right has finally been adopted. For too long people charged with offences in other European countries have been denied a fair trial because they could not understand the charges or the evidence against them. We urge the European Parliament to continue its work to put fundamental rights at the heart of European justice policy and press on with other measures to protect key fair trial rights, such as access to a lawyer.”

Clearly, European member states should cooperate in combating crime, but we are concerned that the last ten years of EU justice policy have been dominated by the security and crime control agenda, with insufficient focus on fundamental rights. Increased cooperation between states should have been accompanied by stronger defence rights. Without this, states cannot trust each other’s systems to deliver justice to the necessary standard.

Our work on cross-border cases has shown time and again the injustices that result from increased cooperation without parallel protection for fundamental rights. People are being surrendered in greater numbers each year under Europe’s new fast-track extradition rules. The potential for miscarriage of justice is enormous: but laws protecting basic rights like access to an interpreter and a lawyer will help reduce this risk.

For more information please contact Fair Trials International on +44 (0)20 7822 2370 or +44 (0)7950 849 851

Notes to Editors

1. The Directive on Interpreting and Translation
   The Directive requires all member states to implement legislation by July 2013 to ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings is provided with interpretation during criminal proceedings. This covers hearings before investigative and judicial authorities, police questioning and all court hearings. Interpretation must be of sufficient quality to safeguard the fairness of the proceedings, in particular by ensuring that suspected persons have knowledge of the case against them. Suspects will also be entitled to written translations of documents that are essential to enable them to defend themselves, including: decisions depriving them of liberty, the indictment and the judgment.
    
2. Defence rights - why the EU must protect them
   European member states today cooperate to a greater extent than ever before in justice matters. This means they must be able to trust in the fairness of each other’s justice systems; equally, people facing charges in Europe must be confident they will be treated fairly, wherever the charges are brought. This is, unfortunately, a long way from reality. For trust to be established, basic defence rights must be guaranteed by the legal systems of every single member state and be enforceable by nationals and non-nationals alike. Previous attempts to create these safeguards failed in 2007 when 6 member states (including the UK, Ireland and Poland) vetoed a Commission proposal. FTI welcomes Europe’s renewed focus on defence rights.
    
3. Other defence rights under the Stockholm programme
   The Directive adopted today is the first of a series of measures to enhance the protection of fair trial rights, under the five year legislative programme for EU justice and home affairs known as the “Stockholm programme”. The Stockholm programme was adopted by the 27 heads of EU member states’ governments in December 2009. It provides the basis for EU legislation on justice matters between 2010 and 2014. It envisages not only today’s Directive on interpreting and translation, but also laws protecting the right to receive information about legal rights and about the charges, the right to legal advice and legal aid, the right to communication with relatives, employers and consular authorities, the introduction of special safeguards for suspected or accused persons who are vulnerable and, finally, a review of pre-trial detention practices in all member states. 
    
4. European Arrest Warrant
   Fair Trials International has highlighted serious flaws in the way the EAW system operates. We need clearer definitions of some extraditable offences, a proportionality test to avoid extradition for petty offences, and discretion for judges to refuse extradition where the individual’s human rights are at serious risk in the requesting country.
    
5. Fair Trials International’s Justice in Europe campaign
   We have long campaigned for legislation at EU level on basic defence rights, because it is the only way to require member states to deliver on their fair trial obligations, both to nationals and non-nationals involved in criminal proceedings. We use the real-life experiences of the people we assist to show the need for these measures. Half of all our cases are in the EU and we see countless cases of injustice in Europe caused by legal systems that fail, in practice, to protect basic rights like access to an interpreter or a lawyer. Our campaign fought hard for the right to interpreting and translation and will now fight for the next measure on the rights agenda: the adoption of a law protecting the right of suspects to receive prompt and clear information on their legal rights and the charges against them. A draft legislative proposal from the European Commission is due by the end of June 2010.