Informe final del proyecto sobre garantías procesales en la UE (TRAINAC)

La European Lawyers Foundation (ELF) ha publicado el informe final del proyecto TRAINAC sobre garantías procesales en la UE, en el que se analiza la puesta en práctica de las tres Directivas sobre garantías procesales aprobadas hasta el momento.

This report has been produced as the outcome of the TRAINAC project, which was funded by the European Union’s Justice Programme, whose aim was to provide an assessment by defence practitioners in the EU of the implementation of three directives:

-Directive 2010/64 on the right to interpretation and translation in criminal proceedings;

-Directive 2012/13 on the Right to information in criminal proceedings; and

-Directive 2013/48 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty.

The project identified how the Directives have been implemented at a national level and whether they have been implemented in accordance with the legislation. The project also identified good practices which have been applied in different Member States. Such good practices may be of assistance to Member States that are experiencing difficulties in implementing the Directives. In addition, the project aimed to propose recommendations that can ensure that the objectives of the Directives are fulfilled by Member States.

Summary of main recommendations:

The right to interpretation and translation:

• Quality of interpreters and translators
• Number of interpreters and translators
• Communication between suspect or accused and lawyer
• Essential documents
• The need for an interpreter
• Emergency access to interpreters
• Timetable for provision of translated documents

Right to information:

• Information about the accusation
• Training
• Use of technology
• Information given on more rights than required in the Letter of Rights

Right of access to a lawyer:

• Waiver of right of access to a lawyer
• Legal Aid

El Informe final puede consultarse aquí.