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EU to grant free interpretation rights to suspected criminals

Published 26 October 2009
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People in Europe facing criminal proceedings outside of their country of residence will be able to receive free interpretation and translations of procedural documents in their native language, justice ministers agreed last week (23 October).

The decision forms part of a wider package of measures adopted by EU justice ministers at their meeting in Luxembourg on Friday, aimed at strengthening the procedural rights of suspected or accused persons in criminal proceedings. 

Ministers were discussing draft EU legislation on the matter tabled by the European Commission in July. 

Under the new rules, persons suspected of having committed a crime on EU soil are guaranteed access to free interpretation and have the right to receive free translations of "essential procedural documents". 

The same rights will be offered to persons subject to a European Arrest Warrant. 

The European Parliament, NGOs and associations of lawyers, judges and prosecutors have been calling for EU legislation on procedural rights since the advent of the European Arrest Warrant in 2001. 

Indeed, many observers, including lawyers, journalists, NGOs and justice ministry representatives, have also expressed concerns that the EU has adopted instruments whose emphasis is mainly repressive, without giving enough consideration to the rights of individuals. 

Describing the development as "a great step forward for the European Union," Justice Commissioner Jacques Barrot said the legislation will "enhance freedom of movement, assist in setting common [EU] standards," provide "some equilibrium for EU measures focusing on prosecution" and boost mutual recognition "by promoting trust between member states as regards their criminal justice systems". 

For their part, justice ministers warned of the "complexity" of harmonising suspected or accused criminals’ procedural rights at EU level, welcoming the Swedish EU Presidency's decision "to address them in a step-by-step approach". 

Ministers also called on the Council's working parties to draw up guidelines for implementing the new legislation "as a matter of priority," particularly to help facilitate best-practice exchange. 

Next steps: 
  • 2010: European Commission to present proposals for a so-called 'Letter of Rights', detailing on suspected criminals' right to information about their rights. 
Background: 

The European Commission tabled draft legislation on the right to interpretation and translation in criminal proceedings on 8 July 2009. 

That same month, the Swedish EU Presidency presented a roadmap requesting the Commission to draw up wide-ranging proposals on procedural reform, including on interpretation and translation. 

Growing numbers of Europeans travel, study and work outside of their home countries, creating the need for legislation to ensure that they receive interpretation and have essential procedural documents translated should they find themselves faced with criminal charges abroad. 

All EU member states have signed up to the European Convention on Human Rights, which covers the procedural rights of people suspected or accused of criminal offences. 

However, the convention is not implemented consistently throughout Europe, creating the need for further action to protect individuals, foster mutual trust between national justice systems, and promote judicial cooperation between EU countries. 

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