EU moves to improve suspects’ rights

EU citizens arrested in another member state must have access to a lawyer, be able to contact a friend or family member and their consulate under new proposals.

This is the third in a series that aim to give suspects basic rights no matter which EU country they find themselves under arrest.

Similar proposed rules were blocked by Ireland and five other member states four years ago but since then measures to give suspects the right to translation and interpretation during a hearing and to have their rights in their own language are proceeding.

Under the latest set of proposals a person arrested in any EU country would be guaranteed the right to speak with a lawyer from the moment they are held by police until the end of proceedings. They will also have the right to speak to a family member, and employer or a friend to tell them of their arrest. They will also have the right to contact national diplomats in their consulate or embassy and to receive visits from them.

Their lawyer must also be allowed to remain with them during interrogation and to check where ever they are being held. And their lawyer must be allowed to have adequate, confidential meetings with the suspect to ensure he or she can prepare their defence.

The draft also proposes changes to the European Arrest Warrant. At the moment, anybody arrested in one member state on foot of a warrant from another is not entitled to legal advice until they arrive in the country issuing the warrant.

This would be changed so they would have access to legal advice from the moment they are arrested.

Proposing the latest round of rules designed to protect people’s rights throughout the EU, vice-president Viviane Reding said: “Following an arrest, citizens must be guaranteed that they can see a lawyer no matter where they are in the EU.

“If they are in custody outside their home country, they should have support from their consulate or embassy. These measures will strengthen mutual trust between our justice systems by ensuring that suspects are treated with the same minimum fair standards across the European Union.”

The set of new rules aim to establish clear rights across the EU and to safeguard people’s fundamental rights to a fair trial and the right of defence.