Arrest Rights Brief No. 2: The Right to in Formation

Date01 September 2013
Published date01 September 2013
DOI10.1177/203228441300400313
Subject MatterUpdate
340 Intersenti a
ARREST RIGHTS BRIEF No. 2:
THE RIGHT TO INFORMATION
A Legal Brief prepared by the Op en Society Justice Initiative to assist legal practitione rs
to litigate the right of detained person s to be informed of the reason for their arrest and
the nature and cause of any accus ation or charge against them; the right to be informed
of their defence rights; and the right to have access to the evidence upon which the
accusations are based.
June 2 012
HOW TO USE THIS TEMPLATE BRIEF
1. People who have been arrested or questioned by the police on suspicion of involvement
in a crimina l activity oen nd t hemselves in a vulnerable posit ion. is vulnerabil ity
is heightened when people are not given information about why they have been
detained, what accu sations and evidence exist aga inst them, and what their ri ghts are.
Knowledge is power, and one of the key factors in ensuring f air proceedings is whet her
suspects have a suciently det ailed understanding of their sit uation and their rights.
2. While in most European countr ies there are legal provisions governing the defence
rights of suspects in criminal proceedings, the obser vance and eectiveness of
these rights varies signicant ly from country to countr y. ere is substantial
divergence in the way suspects are given information, the level of deta il that is
required, and the moment at which the i nformation must be provided.
3. In recent years, there have been signi cant developments in Europe towards
establishing clea r minimum standards of arrest rights – those rights held by
suspects during t he early stages of crim inal proceedings. e Justice Initiative is
supporting these developments through publication of a series of template briefs
to provide technical assi stance to lawyers conducting litigation on arrest r ights in
domestic courts.
4. is brief provides the current regional and international legal standards on the
rights of suspects to obtain information during cr iminal proceed ings. ere are
three aspects to t he right to information:
a) the right to be informed of the reasons for arrest and the nature and cause of
any accusation or charge;
Arrest Rig hts Brief No. 2: e Right to In formation
New Journal of Eur opean Crimina l Law, Vol.4, Issue 3, 2013 341
b) t he right to be informed of defence rights; and
c) the right to have access to the ev idence on which the accusations are based.
5. is brief covers the legal standa rds from the European Convention on Human
Rights and the case law of the European Cour t of Human Rights, supported by
principles and standards from the International Covenant on Civil and Political
Rights, the U N Human Rights Committee, and other Europea n and UN bodies.
Particula r focus is placed on the Directive of the European Pa rliament and of the
Council on the Rig ht to Information in Criminal Pro ceedings, which sets new and
binding standa rds for the EU.
6. e Justice I nitiative encourages lawyers to use the res earch and arguments in th is
brief to support domestic litigation. Liti gation can be an eective tool to modify a
national criminal justice system that fails to adequately provide for arrest rights.
e Justice Initiative is monitoring de velopments in countries that have
successful ly reformed their laws relating to arrest rights . If you are planning or are
engaged in a case with this aim, please contact us. We may be able to provide
information on reforms that have been implemented in simi lar legal systems
which could support your case, connect you with other lawyers or organizations
who have successfully litigated this issue, or provide assistance or advice to
strengthen the st rategic impact of your case.
7. e Justice In itiative has gone to every eort to ensure our information is acc urate.
However, this brief is provided for information purposes only and does not
constitute legal advice. e w ay you use this brief will depend on the det ails of your
case, your client’s situation, and speci cities of your domestic legal framework.
8. I f you have any questions or feedback about the brief, would like a translated version
in another langu age, or would like to keep the Justice Init iative informed about cases
in your country on the r ight to information or other arrest rights, pleas e contact:
Marion Isobel
Associate Legal Oc er, National Crimina l Justice Reform
Open Society Justice In itiative
Tel: +36 1 882 3154. misobel@osieurope.org
1. THE RIGHT TO BE INFORMED OF REASONS FOR
ARREST OR CHARGE
9. e European Court of Human R ights (ECtHR) and the Human R ights Committee
have long established the importa nce of suspects being provided w ith basic
information, as it protects their rights to a fair trial and safeguards them against
arbitrary detention. Specically, the European Convention on Human Rights
(“ECHR”) guarantees t he right of everyone who has been arrested to be informed
of the reasons for their arrest and any charge against them, and the right of

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