Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007, in the face of opposition by a number of Member States who argued that the European Court of Human Rights (ECHR) rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defense rights are again on the agenda. Based on a three year research study, this book explores and compares access to effective defense in criminal proceedings across nine European jurisdictions (Belgium, England/Wales, Finland, France, Germany, Hungary, Italy, Poland, and Turkey) that constitute examples of the three major legal traditions in Europe: inquisitorial, adversarial, and post-state socialist. Part I sets out the research methodology and analysis of the baseline requirements that, according to ECHR case law, have an impact on the rights of the accused. In addition to the general fair trial rights (the presumption of innocence, the right to silence, equality of arms, and the (conditional) right to release pending trial) the rights explored include: the right to information, the right to legal assistance and legal aid, and a number of procedural rights (the right to adequate time and facilities to prepare a defense, participation rights, the right to free interpretation and translation, and the right to reasoned decisions and to appeal). Part II consists of a description and critical analysis of access to effective criminal defense in the nine countries examined. Part III includes a cross-jurisdictional analysis of compliance, in law and in practice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of whether structures, systems, and legal cultures exist to enable individuals to effectively exercise these rights. This book contributes to implementation of the rights of suspects and defendants to a real and effective defense, especially for those who lack the means to pay for legal assistance themselves. The recommendations are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defense across the EU. The book is essential reading for academics, researchers, students, defense lawyers, and policy-makers in the area of criminal justice in Europe.
Ed Cape is a Professor of Criminal Law and Practice at the University of the West of England, Bristol. A former criminal defence solicitor, he has a special interest in criminal justice, criminal procedure, police powers, defence lawyers and access to justice. He is an internationally known researcher in the field of criminal justice, and is also the author of texts, books and journal articles on a range of themes including the criminal defence profession, the regulation of police powers, police bail, legal aid and access to justice, and EU procedural rights.Zaza Namoradze, director of the Open Society Justice Initiative's Budapest office, oversees activities on legal aid and defendants' rights, and legal empowerment and capacity. Namoradze previously served as staff attorney and, later, Deputy Director of the Open Society Institute's Constitutional and Legal Policy Institute, where he designed and oversaw projects in constitutional and judicial reforms, student law clinics and human rights litigation capacity building in Central and Eastern Europe and Central Asia. He has worked for the Center for the Study of Constitutionalism in Eastern Europe, the Central Electoral Commission of Georgia and was a member of the State Constitutional Commission of Georgia.He graduated from Law Faculty of Tbilisi State University, studied in the comparative constitutionalism program of the Central European University, and earned an LL.M from the University of Chicago Law School.
