A "letter of rights" to ensure fair trials

Anyone suspected or accused of having committed a crime in the EU must be promptly informed of his or her procedural rights in easy-to-understand language, according to a draft law endorsed by the Civil Liberties Committee of the European Parliament.

Any suspect who is then arrested or detained must also be given a written "letter of rights", including the right to remain silent, the right to urgent medical care and the right to contact relatives.

Currently, citizens arrested and charged with a criminal offence cannot be certain that they will be properly informed of their rights everywhere in the EU. In some Member States, they receive only oral information about their procedural rights, whilst in others the information is given in writing, but is technical, complex and provided only on request. This draft directive, already agreed with Member State governments, provides EU-wide minimum standards to ensure the right to information in criminal proceedings.

The letter of rights must also give basic information about any possibility to challenge the lawfulness of the arrest, to obtain a review of the detention, or to apply for provisional release.

This draft law should apply to suspected and accused persons regardless of their legal status, citizenship or nationality, MEPs add.

The draft law should be put to a vote by the full Parliament in December 2011 and then needs to be formally endorsed by the EU Council of Ministers. Once adopted, Member States will have two years to transpose it into their national laws.

The UK and Ireland have notified their wish to take part in the adoption and application of this directive. Denmark is the only Member State not taking part.