Considerations on COM(2009)338 - Right to interpretation and to translation in criminal proceedings - Main contents
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| dossier | COM(2009)338 - Right to interpretation and to translation in criminal proceedings. |
|---|---|
| document | COM(2009)338  |
| date | July 8, 2009 |
(2) On 29 November 2000 the Council, in accordance with the Tampere Conclusions, adopted a programme of measures to implement the principle of mutual recognition in criminal matters[15]. The introduction to the programme of measures states that mutual recognition is 'designed to strengthen cooperation between Member States but also to enhance the protection of individual rights'.
(3) Implementation of the principle of mutual recognition of decisions in criminal matters presupposes that Member States have trust in each other's criminal justice systems. The extent of the mutual recognition exercise is very much dependent on a number of parameters, which include "mechanisms for safeguarding the rights of […] suspects"[16] and common minimum standards necessary to facilitate the application of the principle of mutual recognition.
(4) Mutual recognition can only operate effectively in a spirit of confidence, whereby not only judicial authorities, but all actors in the criminal process see decisions of the judicial authorities of other Member States as equivalent to their own, implying "not only trust in the adequacy of one's partner's rules, but also trust that these rules are correctly applied"[17].
(5) Although all Member States are parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), experience has shown that this in itself does not always provide a sufficient degree of trust in the criminal justice systems of other Member States.
(6) Article 31(1) of the Treaty on European Union provides for "ensuring compatibility in rules applicable in the Member States as may be necessary to improve [judicial co-operation in criminal matters]". Common minimum standards should lead to increased confidence in the criminal justice systems of all Member States which in turn should lead to more efficient judicial cooperation in a climate of mutual trust.
(7) Such common standards should be applied in the fields of interpretation and translation in criminal proceedings. In order to enhance the necessary confidence among Member States, this Framework Decision provides for basic common standards with regard to interpretation and translation in criminal proceedings in the European Union which reflect the traditions of the Member States in applying the relevant provisions of the ECHR.
(8) The right to interpretation and translation for those who do not understand the language of the proceedings are enshrined in Articles 5 and 6 of the ECHR, as interpreted by the case law of the European Court of Human Rights. The provisions of this Framework Decision facilitate the application of those rights in practice.
(9) The provisions of this Framework Decision should ensure that the rights of the suspect who does not speak and understand the language of the proceedings to understand the accusations brought against him and to understand the proceedings in order to be able to exercise his rights are protected by providing free and accurate linguistic assistance. This assistance should be extended, if necessary, to relations between the suspect and his defence counsel.
(10) Appropriate assistance should be provided also to suspects suffering from hearing or speech impediments.
(11) The duty of care towards suspects unable to understand or follow the proceedings underpins a fair administration of justice. The prosecution, law enforcement and judicial authorities should therefore ensure that suspects in a potentially weak position are able to exercise effectively their rights. Those authorities should be aware of any potential vulnerability and take appropriate steps to ensure these rights. This should always be the case where a suspect is a minor or suffers from disabilities which impair his active participation in proceedings.
(12) Member States should be under a duty to provide training to judges, lawyers and other relevant court personnel in order to ensure the quality of the interpretation and translation.
(13) This Framework Decision respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Framework Decision seeks to promote the right to liberty, the right to a fair trial and the rights of the defence.
(14) Since the aim of achieving common minimum standards cannot be achieved by Member States acting unilaterally and can only be achieved at Union level, the Council may adopt measures in accordance with the principle of subsidiarity as referred to in Article 2 of the Treaty on European Union and defined in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the latter Article, this Framework Decision does not go beyond what is necessary in order to achieve that objective.