Slovenes want transfer of in absentia prisoners

Slovenia, which holds the presidency of the Council of Ministers, is proposing to require member states to agree to transfers across national borders of people who have been tried in their absence.

The proposal, which is supported by France, the Czech Republic, Sweden, Slovakia, the UK and Germany, seeks to standardise some of the rules on trials conducted where the accused was not present.

States that have tried an accused person in his or her absence and want to have him or her sent to their custody under the European arrest warrant will have to fill out a form stating that the person was informed of the charges and the trial beforehand. The proposal will also allow for a retrial once the person is transferred to the requesting state.

The Slovenian presidency is hoping to make it easier for states to recognise each others’ trials in absentia by guaranteeing such rights to defendants.

But the plan is expected to attract criticism from civil liberties campaigners and defence lawyers because although it would ensure defendants were made aware of the charges and trial against them and were allowed a retrial once transferred, their rights when they arrive in the requesting state will not be guaranteed. "What rights would the defendant have? Will there be access to a lawyer, will documents be translated?" said one lawyer. The issue of allowing the retrial of an individual who has already been found guilty is also expected to be questioned. Justice ministers are set to debate the proposal at their informal meeting next week (24-26 January) in Ljubljana.

A proposal to ensure defendants across the EU had a minimum set of rights collapsed last year after opposition from some member states.

Slovenia, which holds the presidency of the Council of Ministers, is proposing to require member states to agree to transfers across national borders of people who have been tried in their absence.