Plans on way to offer greater protection for defendants

By Martin Banks

Date: 22/04/04

THE European Commission is set to unveil plans next week for EU-wide safeguards for defendants in criminal proceedings, aimed at providing minimum standards, such as the right to legal aid, interpretation and translation, and consular assistance.

But human rights groups, who broadly welcome the Commission's proposals, fear member states may attempt to water them down.

Justice and Home Affairs Commissioner António Vitorino is expected to present the plans at next Thursday's (29 April) meeting of EU interior ministers.

The Portuguese said the aim is not to create new rights, but make existing legislation more visible and easier to implement.

"It is important for the judicial systems of each EU country to have confidence in the judicial systems of other member states," he said.

"Having minimum standards is the best way of ensuring homogeneous protection of individual rights throughout the EU."

The Commission wants to ensure member states enforce a suspect's right to access to legal representation, both before and during a trial, and that a defendant is offered interpretation and translation in his or her mother tongue.

Marisa Leaf, EU legal officer with JUSTICE, the UK-based human rights group, said she was disappointed the proposals were not introduced at the same time as the EU arrest warrant earlier this year.

In addition, she fears the requirement to reach a unanimous agreement in the Council of Ministers on this proposal "entails a risk that standards, or the monitoring and enforcement of those standards, will be watered down".

But Leaf warns that attempts to advance mutual recognition within the EU "will fail unless member states accept that adequate safeguards are needed".

"In their absence, individual rights will be eroded and mutual trust will prove to be unfounded, jeopardizing the basis of the mutual recognition programme."

Stephen Jakobi, of campaign group Fair Trials Abroad, welcomes the proposed safeguards on interpretation and translation for foreign suspects.

"You cannot defend yourself in a court if no one understands what you are saying," he said.

His big concern, however, is that governments will now try to block them.

"The Irish, for example, take the view that there is nothing wrong with criminal justice systems in other member states, while others are concerned about the possible cost of improving their judicial systems."

António Vitorino, European Commissioner for Justice and Home Affairs, is expected to announce plans on 29 April 2004 to introduce minimum standards for defendants in criminal cases, such as the right to legal aid, interpretation and translation.