Fair trial rights to become law

EU Justice Ministers have adopted a new law that the European Commission had proposed to ensure defendants' right to information during criminal proceedings.

Under the 'Directive on the right to information in criminal proceedings', suspects of a criminal offence will be informed of their rights in a language they understand. The measure will ensure that EU countries will give anyone arrested – or subject to a European Arrest Warrant – a Letter of Rights listing their basic rights during criminal proceedings.

The Letter of Rights will contain practical details about the rights of persons arrested or detained, such as the right:

• to remain silent;
• to a lawyer;
• to be informed of the charge;
• to interpretation and translation in any language for those who do not understand the language of the proceedings;
• to be brought promptly before a court following arrest;
• to inform someone else about the arrest or detention.

The Letter of Rights will help to avoid miscarriages of justice and reduce the number of appeals.

Once it has entered into force (two years after it is published in the EU's Official Journal – which is expected to take place within weeks), the new law will apply to an estimated eight million criminal proceedings every year in all EU 27 Member States. Currently this right only exists in about one third of Member States.