EU Must Fix Flawed Criminal Justice Systems

BRUSSELS—According to a study released today, many people suspected or accused of crimes across Europe are unaware of their rights and routinely prevented from mounting an effective defense, said the Open Society Justice Initiative. Last week’s adoption of an EU directive to provide translation and interpretation to all suspects is a positive step. The European Union should continue to move forward with criminal justice reforms as envisioned by the Stockholm Programme.  

The report provides detailed suggestions for setting overall EU standards as well as specific recommendations concerning policy in nine focus countries. According to the study, problems frequently arise when the European Convention on Human Rights has set general standards but there are no clear guidelines for implementation. Many systems leave detainees without protection early in the process, when they are most vulnerable to pressure and intimidation by police.

“We see flawed trials, excessive pretrial detention, and needless human suffering in a number of European countries,” said James A. Goldston, executive director of the Open Society Justice Initiative. “Criminal defense policies with clear standards and monitoring should be put in place across the EU to ensure that everyone has a fair trial and access to counsel from the moment of arrest.”

In Belgium, suspects are not guaranteed access to legal advice during their first 24 hours in custody, or the right to have counsel present during the first police interrogation. In France, access to a lawyer is not guaranteed on arrest and, in any event, is limited to a 30-minute consultation; police are not required to inform suspects of their right to remain silent, and lawyers can be excluded from interrogation. In Italy and Hungary, overuse of pretrial detention is widespread, and detainees often spend years in prison before they are even tried.

“Legal aid for the poor, who constitute a majority of defendants, is a problem in nearly every jurisdiction,” said Zaza Namoradze, director of the Open Society Justice Initiative’s Budapest office. “Without a system in place guaranteeing access to counsel and mandatory notice of their rights, people are not given a fair chance to defend themselves.”

The study recommends that suspects should be provided, immediately upon arrest, with access to legal aid and assistance, as well as a letter of rights that highlights the right to remain silent and obtain legal aid. Establishing standards will also facilitate greater police and judicial cooperation across Europe. 

The study was conducted jointly by Maastricht University, JUSTICE, the University of the West of England, and the Open Society Justice Initiative. It focuses on Belgium, England and Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey. The book Effective Criminal Defence in Europe (Intersentia, 2010) provides a full account of the project’s findings, and an executive summary is also available for download.