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Upholding Fair Trial Rights Within the European Union

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Upholding Fair Trial Rights Within the European Union Aldis Alliks (Latvia, VARUL), Catharine Almond (Ireland, Sheehan and Partners), Joao Barroso Neto (Portugal, Carlos Pinto de Abreu), Rachel Barnes (UK, 3 Raymond Buildings), Myrddin Bouwman (Netherlands, Van Appia & Van der Le), Inga Botyriene (Lithuania, I.Botyrienės ir R.A.Kučinskaitės Vilniaus advokatų kontora), Danut-Ioan Bugnariu (Romania, Bugnariu Avocati), Ben Cooper (UK, Doughty Street Chambers), Vania Costa Ramos (Portugal, Carlos Pinto de Abreu), Scott Crosby (Belgium, Kemmler Rapp Böhlke & Crosby), Anand Doobay (UK, Peters and Peters), Robert Eagar (Ireland, Sheehan & Partners), Andrejs Latvia Elksnins (Latvia, S.Varpins and A.Elksnins Law Office), Joanna Evans (UK, S.Varpins and A.Elksnins Law Office), Mike Evans (UK, Kaim Todner), Henry Feltenstein (Spain, Corporate Defense), Hans Gaasbeek (Netherlands, Lawyers without Borders), Cliff Gatzweiler (Germany, Self-Employed), Markku Fredman (Finland, Fredman and Mansson), George Gebbie (UK, Advocates Library), Orestis Georgiadis (Greece, Goulielmos D. And Partners in Thessaloniki), Carlos Gomez-Jara (Spain, Corporate Defence), Edward Grange (UK, Hodge Jones and Allen), Alexandru Grosu (Romania, Grosu & Asociatii Advocats), Fulvia Guardascione (Italy, Studio Legale Vetrano), Arturas Gutauskas (Lithuania, Varul Law Firm), Aurelijus Gutauskas (Lithuania, Justice of the Supreme Court of Lithuania and Academic, Mylokolas Romeris University), Marie Guiraud (France), Sanna Herlin (Sweden, Tre Advokater), John Jones (UK, Doughty Street Chambers), Hans Kjellund (Denmark, Advokaterne Sankt Knuds Tory P/S), Titia Korff (Netherlands, Pijnenburg Advocaten), Maciej Kusmierczyk (Poland, Małecki & Rychłowski and Academic), Dr. Ondrej Laciak (Slovakia, Laciak Law Office), Christiaan Luyckx (Belgium, Van Alsenoy & Partners), Gabor Magyar (Hungary, Magyar György és Társai), Asya Mandjukova (Bulgaria, Georgieva, Petrov, Nenkov, Georgiev Law Firm), Christophe Marchand (Belgium, JusCogens avocats-advocaten), Panayota Massouridou (Greece), Gary McAteer (Scotland, Beltrami and Company), David Upholding fair trial rights within the European Union McKie (Scotland, Levy and McRae Solicitors), Hugh Mercer QC (UK, Essex Court Chambers), Christian Mesia (Spain, RCD Legal & Tax Advisors), Jonathan Mitchell (UK, 25 Bedford Row), Sofia Monge (Portugal, Carlos Pinto de Abreu), Ondřej Múka (Czech Republic, Advokatni Kancelar),Over Patrick120 Mustersleading (UK, BTMK criminal and Andrew justice Keenan and andCo), Karla human Nahtigal (Slovenia, rights Nahtigal experts Ltd), Anders Németh (Denmark, Advokatselskabet Anders K Németh), Roumen Petrov (Bulgaria, Georgieva, Petrov, Nenkov, Georgiev Law Firm), Nicholas Philpot (UK),from Mikolaj Pietrzakacross (UK, PietrzakEurope & Sidor), are Renata calling Pinter (UK, onTuckers the Solicitors), European Georgios Pyromallis Union (Greece, George Pyromallis Lawto Office),continue Jozef Rammelt its (Netherlands,crucial Keizerwork Advocaten), to improve Olivier Rangeon respect(France,), Tunde for Marika the Renner (Romania), Dara Robinson (Ireland, Sheehan & Partners), Federico Romoli (Italy, Studio Legale Romoli), Daniel Roos (Sweden, Advokatfirman Sederholm),fundamental Zuzanna Rudzińska (Poland, human Wardyński right and Partners), to a fair Nadine trial. Sant (Malta, Great James Street Chambers), Roby Schons (Luxembourg, Barreau du Luxembourg), Jeroen Soeteman (Netherlands, Jebbink Soetetman), Elias Stephanou (Cyprus, KSCP Juris), Brian Storan (UK, Criminal Courts of Justice), Jakob Tamburski (Poland), Martynas Tamosaitis (Lithuania, APB Meidus ir Juzukonis), Jaanus Tehver (Estonia, Tehver & Partners), Karen Todner (UK, Kaim Todner), Janusz Tomczak (Poland, Wardynski and Partners), Dominique Tricaud (France, Tricaud-Traynard AvocatsLEAP Associés), is coordinated Alexandros by: Tsagkalidis (Greece, Anagnostopoulos Law Firm), Han Vallenduuk (Netherlands, Vallenduuk Advocaten), Wafa Shah (UK, Doughty Street Chambers), Oliver Wallasch (Germany, Wallasch & Koch), Johanna Wöran (Austria, Deutscher Bundestag), Wouter Van Ballegooij (Netherlands, European Parliament), Matyas Bencze (Hungary, University of Debrecen), James Brannan (UK, European Court of Human Rights), Emma Disley (UK, RAND Europe), Jacqueline Hodgson (UK, University of Warwick), Erika Jamborne (Hungary, University of Miskolc), Mar Jimeno-Bulnes (Spain, Universidad de Burgos), Marije Knapen (Netherlands, Avans Centre for Public Safety & Criminal Justice at the University of Tilburg), Bas Leeuw (Netherlands, University of Leiden), Katerina Mantouvalou (UK, Senior Consultant in ICF GHK’s European Social Policy Group), Ellen Ruth Moerman (Netherlands, Legal Interpreter), Fernando Niembro (Spain, Estudio Juridico), Ali Norouzi (Germany, Widmaier Norouzi Rechtsanwälte),Fair TrialsAnna International’sOgorodova (Netherlands, vision: a Universityworld where of Maastricht), every person’s Raphaele right Parizot to a fair (France, trial is l’Universitérespected, Paris I Panthéon – Sorbonne), whateverErika Roth their(Hungary, nationality, University wherever of Miskolc), they Demetra are accused. Sorviati (Cyprus, University of Nicoisa), Jørn Vestergaard (Denmark, University of Copenhagen), Marianne Wade (Germany, University of Birmingham), Liesbeth Baetens (Netherlands, Faber Inter), Jodie Blackstock (UK, JUSTICE), Cristinel Buzatu (Romania, APADOR), Theodora Christou (UK, AIRE Centre), Deirdre Duffy (Ireland, ICCL), Antonio Graziadei (Italy, Avocats sans Frontiers), Diana-Olivia Hatneanu (Romania, APADOR), Liam Herrick (Ireland, Irish Penal Reform Trust), Paolo Iorio (Italy, Avocats sans Frontieres), Marion Isobel (Hungary, Open Society Justice Initiative), Andras Kadar (Hungary, Hungarian Helsinki Committee), Dinko Kanchev (Bulgaria, Bulgarian Lawyers for Human Rights Foundation), Liese Katschinka (Netherlands, EULITA), Natacha Kazatchkine (Belgium, Amnesty International), Karolis Liutkevicius (Lithuania, Human Rights Monitoring Institute), Nuala Mole (UK, AIRE Centre), Grace Mulvey (Ireland, ICCL), Zaza Namoradze (Hungary, Open Society Justice Initiative), Neil Paterson (Belgium, Steunpunt Algemeen Welzijnswerk), Matthew Pinches (UK, Prisoners Abroad), Ilvija Puce (Latvia, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment), Maria Chiara Ruzza (Italy, Avocats sans Frontieres), Balázs Tóth (Hungary, Hungarian Helsinki Committee), Sabine Zanker (UK, Hibiscus). Justice in Europe: the challenge Across the EU, basic fair trial rights are violated every day in police stations, court rooms and prisons. Legal advice is not always provided; standards of interpreting are often poor; and people are imprisoned unnecessarily before trial. This destroys the lives of innocent people, causes miscarriages of justice, and undermines public faith in criminal justice. Since 2009, the Legal Experts Advisory Panel (“LEAP”) has met to discuss the root causes of these problems. Fair Trials International’s Chief Executive addresses Through detailed briefings, joint letters to policy-makers LEAP at the Annual Conference and high-profile events in the European Parliament, our work has informed EU legal developments and encouraged law-makers to deliver the first EU laws on fair trial rights. Although the EU has made major progress in this area, there is still much more work needed if fair trial rights are to be fully protected. Fair trial rights provide the basis for the European area of freedom, security and justice. Without them injustice will continue to undermine judicial cooperation measures (like the European Arrest Warrant) needed to fight crime. Priority 1: Make existing laws work in practice Three laws have now been adopted to protect core aspects of the right to a fair trial: interpretation and translation; information on rights and charges; and access to a lawyer (the “Directives”). Fair Trials International has hosted 5 meetings (in France, Hungary, Lithuania, the Netherlands and the UK) for LEAP members from 23 Member States to discuss the how these laws will be used. These discussions have shown how frequently these rights are abused across Europe and, crucially, how the Directives could be used to tackle injustice in individual cases and to challenge some of the systemic causes of abuse. The EU must ensure that the Directives are implemented and used effectively in Member States, and that the Commission takes enforcement proceedings against countries which fail to respect the crucial rights they protect. Priority 2: New Directives on crucial procedural rights The European Union has committed itself to passing a whole series of laws, each protecting a key aspect of the right to a fair trial but the work is not yet complete. Given the interdependent nature of these rights, each Directive cannot be fully realised without the adoption and implementation of the other measures envisaged on fair trial rights. The EU itself has recognised that the right to legal aid is essential to ensure that the right to a lawyer is effective in practice. Similarly, without protections for vulnerable suspects, large numbers of suspects caught up in Europe’s criminal justice systems will not be able to exercise their rights and participate in their trial. The EU should continue its work on the remaining measures to which it has committed and agree effective Directives on legal aid, protections for children and other vulnerable suspects and the presumption of innocence. Aldis Alliks (Latvia, VARUL), Catharine Almond (Ireland, Sheehan and Partners), Joao Barroso Neto (Portugal, Carlos Pinto de
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