(c) the items on which information is provided (i.e. all the rights listed above, including the possibility of challenge, review or request)?
Austria
The list of items is fully covered by Austrian law (§§ 49, 50, 171 and 174 StPO).
Belgium
Yes
Bulgaria
For reasons pointed out in the answers to Question 2 (a) and 2 (b) above I am capable to answer this question only as regards the arrests by the police. As regards the contents of the administrative order imposing police arrest (please see the answer to Question 2 (a) above), the only item missing is the one about the right of access to the materials of the case. This flaw is to be speedily remedied by an appropriate amendment of MIA.
Croatia
The list of rights provides the information on all the rights listed in this Directive, according to the Article 108.a of the CPA.
Cyprus
Every person arrested by the Police is informed right after his/her arrest in a language he/she understands, about:
- The reasons of his/her arrest or detention and about the offence that he/she is accused of having committed
- The right of access to a lawyer,
- The right of free legal aid/assistance and the conditions required of such assistance,
- The right of interpretation and translation,
- The right to remain silent,
- The rights of communicating with a lawyer and or any other persons in order to inform them about the arrest and/or detention,
- The place of detention.
Additionally, every member of the Police that arrests any person, provides to that person, right after his/her arrest, with a document titled “Rights of Detained Persons”, written in a language he/she understands. According to this document the person is informed about the rights mentioned above and also about:
- The right of access to the material of the case,
- The right to inform the consular authorities or any other person,
- The right of access to urgent medical care,
- The maximum time of detention, and
- The right to challenge the lawfulness of the arrest and detention.
As regards persons who are arrested on the basis of a European Arrest Warrant (L. 133(I).2004), they are provided with a document containing the following rights:
-period of deprivation of liberty,
The new implementing legislation does not enumerate which rights shall be included in the letter of rights as it states in Section 33(6) CCP that the accused shall be provided with “written information about his rights”. The rights of the accused are listed in the previous paragraphs of Section 33 CCP and they include all the rights listed in the Directive.
The new implementing legislation added into paragraph 5 the information about the right to an urgent medical assistance, about the maximum time for which he can be deprived of liberty before handed over to the court and the right to have informed the consular authority and a family member or another natural person about whom he shall provide data necessary for informing, should he be taken to custody. These rights had not been specifically listed in Section 33 CCP before the Directive´s implementation.
Estonia
The letter of rights includes information about the following items:
1) the right of access to a lawyer and legal assistance;
2) the right to information about the suspicion or the indictment;
8) the right to inform next of kin and/or consular authorities about the arrest;
9) the right to medical assistance.
Finland
Basically all the information is provided in the letter of rights, with the same comment about the right to remain silent as stated above. Also the suspect is notified about his right to a lawyer of his choosing. There is also other information, like information about the right to correspondence and telephone calls and restrictions to those rights, right to outdoor recreation, right to property etc.
One problem in Finland is the right to medical assistance. As pointed out by the CPT in its latest report concerning Finland (http://www.cpt.coe.int/documents/fin/2015-25-inf-eng.pdf), there are several issues relating to this. CPT recommended:
In the light of the above, and especially given that police prisons still accommodate remand prisoners (see paragraphs 25 and 26), the CPT recommends that steps be taken to:
- improve access to a doctor and in particular specialist (including psychiatric and dental) care, and provide a 24-hour nursing cover at Pasila Police Prison;
- improve significantly the access to a doctor and ensure regular presence of a nurse in all the other police prisons visited (Espoo, Imatra, Kuopio, Lahti and Vantaa);
- ensure that all newly-arrived detainees (and in particular remand prisoners) are medically screened, within 24 hours of their arrival at a police prison, by a doctor or a qualified nurse reporting to a doctor.
Further, the Committee again invites the Finnish authorities to offer regular first-aid refresher courses to all police officers working in detention areas of police prisons.
France
The accused if provided with (article 63-1) :
- the legal notification of the custody and its previsible length,
- The legal qualification, the date and location of the offence,
- The right to prevent a relative and he or her employer and, if he or she is a foreigner, his or her embassy,
- The right to be examined by a medical doctor,
- The right to be assisted by a lawyer,
- The right to present observations to the Prosecutor or the Judge for Detention and Freedom the cease the custody measure,
- The right, once the identity has been presented, to make statements, to answer questions or to remain silent.
- The right to be provided with an interpreter.
Germany
Greece
The above document is drawn up pursuant to the provisions of Article 99A par. 4 of the Greek Code of Criminal Proceedings, as inserted by Law 4236/2014 and national practice in a language simple and understandable. Where this is not available in the appropriate language, then the suspect or accused person is informed orally in a language he understands. Subsequently, however, it must be given without undue delay, in a language which the suspect or accused person understands.
Information includes all of above rights.
Hungary
All the rights listed above, including the possibility of challenge, but not in writing. In such cases, legal defence in always obligatory which ensures the right to information.
Ireland
In each police station there is a designated policeman who is known as the member in charge. It is their responsibility to ensure that a detained person is aware of their rights including the right of access to a lawyer and the right to interpretation and translation.
Interviewing members typically will give a caution about the right to silence. However the right to silence is highly qualified in Irish law given that adverse inferences are permissible. This leads to a most confusing situation from the perspective of a detained person whereby a caution is given to the effect that they have a right to remain silent and that caution is then withdrawn and a separate caution in relation to inferences is given.
As a result of a decision of the Irish Supreme Court in 2014 White and Gormley, the Director of Public Prosecutions issued guidance to the police to the effect that any person in detention who is to be questioned has the right to have a solicitor present if they choose.
The police routinely advise prisoners of this right but there have been complaints that the advice is often accompanied by the suggestion that this will delay matters or give the impression that the detained person is a serious and career criminal.
The government have not put in place a system whereby there will always be the availability of an experienced criminal lawyer to attend police stations when called for. Accordingly while in the main population centres where there is significant competition among legal practices they will always be a ready supply of solicitors available to attend at police stations. The situation is effectively the opposite in more remote areas where there are less lawyers, less competition particularly at unsocial hours etc.
Italy
All the information mentioned in the directive, but not the possibility of challenge, review or request.
Latvia
All the rights listed above
Lithuania
The information is being provided on all the rights listed above but the right on obtaining the review of the detention or making a request for provisional release is not specified in the Letter of rights.
Luxembourg
No
Remark concerning the possibility to contact consular authorities this information is given by the investigation judge at the beginning of interrogation.
The information concerning the access of the materials of the case is under Luxemburgish law anyway postponed after the first interrogation and this practise is declared in conformity with the European convention by the court (ECHR)in the AT case of 9 April 2015 (sic!)
Information concerning the Right of urgent medical is orally provided at the time of arrest.
A suspected person may be detained 24 hours before the concerned person sees a judicial authority, namely an investigating judge.
This period of 24 hours begins at the moment of arrest by the police authorities.
One has meanwhile to know that before an arrested person sees an investigating judge, he/she is brought to prison and incarcerated during the time the police hearing is terminated and the moment the interrogation by the judge begins, and this incarceration takes place without any judicial order emitted by a judicial authority. (!!!)
Sometimes the concerned person knows more or less the time his is brought to the judge sometime he doesn’t know.
Malta
As above
Poland
In the light of either the Article 244 § 2 and § 5 CCP or the Ordinance of the Minister of Justice of the 3rd of June, 2015 (Journal of Laws of 2015, item 835), the Polish model letter of rights addressed to a detainee (a potentially suspected person) includes information on almost the whole catalogue of rights presented in the directive 2012/13/EU. The Polish model letter of rights (established on the grounds of the mentioned regulations) doesn’t contain expressis verbis the right of access to the materials of the case. It indicates the right to obtain a copy of minutes documenting the detention but not the right of access to other materials of the case. In the light of the Article 607 l § 4 CCP and the Ordinance of the Minister of Justice of the 11th of June, 2015 (Journal of Laws of 2015, item 874), the Polish model letter of rights for persons detained on the basis of a European Arrest Warrant includes information on all rights indicated within the European Union standard, i.e. in the model letter of rights for persons arrested on the basis of a European Arrest Warrant and presented in the annex II of the directive 2012/13/EU.
In turn, in the light of the Article 300 § 1 CCP, the Article 300 § 4 CCP and regulations of the Ordinance of the Minister of Justice of 11th of June, 2015 (Journal of Laws of the 26th of June 2015, item 893), the Polish model letter of rights and duties of a suspect includes information on most rights required and indicated by the directive 2012/13/EU, but – as it was mentioned above – it doesn’t include contents on the right to inform a third person about suspect’s detention or arrest as well as on the right to inform by a suspect who is a foreigner his or her consular authority or diplomatic representation about his or her detention or arrest. Also, there are not included contents concerning the suspect’s right to the urgent medical assistance. It’s worthy to add that taking into account the status of a suspect in the light of the Article 300 CCP - in the mentioned model letter there are no specified information on a period of depravation of liberty as well as on the obligation to be released at the end of this period or to be heard by a judge who will decide on the further detention of a suspect. (There is also no information about the possibility to challenge the arrest, to review the detention or to ask for provisional release). On the other hand, in the Polish model letter of rights and duties of a suspect there are contained rights of a suspect which are not mentioned in the directive 2012/13/EU (i.e. the right to mediation in criminal proceedings, the right to apply for restitutive discontinuance of criminal proceedings, the right to apply for a conviction without a trial, the right to apply for a voluntary submission to penalty).
Also, in the light of the Article 263 § 8 CCP and the Ordinance of the Minister of Justice of the 11th of June, 2015 (Journal of Laws of the 25th of June, 2015, item 885), the Polish model letter of rights provided to a person (a suspect or an accused) who is temporarily arrested in the criminal proceedings includes information about the whole set of substantial rights reasonably resulting from the directive 2012/13/EU.
Taking into account the aforementioned remarks referring to contents of model letters of rights of detainees or suspects, it should be noted that the implementation (in presented scope) of the directive 2012/13/EU in Polish legal system isn’t full and sufficient.
Portugal
The information provided is the information set out in (a) to to (e) above in theme 1 and the information set out in (a) above in item (ii).
Romania
Slovakia
Sec 34 para 4 CCP: The accused who was deprived of liberty must be informed on the right of access to urgent medical assistance, right to access all materials in the file, on the maximum number of hours or days suspects or accused persons may be deprived of liberty before being brought before a judicial authority, and on the right to have a relative or other person informed.
The accused is also informed about the possibility of challenging the lawfulness of the arrest; obtaining a review of the detention; or making a request for provisional release.
Slovenia
The information is provided for all the rights listed.
Spain
It depends if we are on police station or in Court premises. In Police Station there are no information about the access to the file, neither the possibility to challenge the arrest. In Court premises there are information about all these rights.
The following rights are narrated in the Letter of Rights:
“Your rights:
1. You have the right to know why the police are keeping you at the police station.
2. You have the right to know what the police think you have done.
3. You have the right not to speak. You do not have to answer any questions the police ask you. BUT you do have to give your name, address, date of birth, where you were born and your nationality.
4. You have the right to have a lawyer told that you are at the police station. This is free.
5. You have the right to speak to a lawyer in private. You can do this before the police ask you questions. You can also speak to a lawyer at any time when the police are asking you questions.
6. You have the right to have someone else told you are at the police station. This might be a family member, a carer or a friend.
7. If you are under 16 you have the right to be visited by your parent or guardian at the police station.
8. If you are under 18 and subject to a compulsory supervision order you have the right to be visited by your parent or guardian at the police station.
9. You have the right to urgent medical help.”
The extended text of the Letter of Rights also includes the following relevant information:
“If you are not British
If you are not British, you can ask the police to contact your High Commission, Embassy or Consulate, to tell them where you are and why you are in the police station. Someone can then visit you in private and arrange for a lawyer to see you.
Getting to see paperwork
The evidence for and against you will be given to you or your lawyer, if your case goes to court. This will let you or your lawyer prepare your defence. You have the right to a translation of at least the relevant parts of important paperwork if you do not understand English.
How long can you be detained for questioning?
The police can normally keep you for questioning for up to 12 hours without charging you with an offence. The police can extend this up to a maximum of 24 hours, but only if a Police Inspector agrees to this. You and your lawyer have the right to have your say about this decision, unless you are not well enough. A lawyer can help you with this.”
