People suspected of committing a crime will have to start being given a “letter of rights” upon their arrest.
The new EU-wide directive, aimed at streamlining justice procedures across the bloc, was approved during a meeting of EU Justice Ministers and will come into force in two years’ time.
Malta supported the directive, which had already been approved by the European Parliament.
The letter of rights will be presented to every suspect or accused person upon arrest in a language he or she can understand. In the case of a foreigner, interrogators will also have to provide interpretation facilities and a translation of this letter.
The written information should tell the suspect about the right to access to a lawyer, any entitlement to free legal advice and the conditions to obtain it, the right to be informed of the charge, the right to interpretation and translation and the right to remain silent.
The letter should also contain information on the right to access to the materials of a case, the right to have access to consular authorities and to be able to inform one person about the arrest, the right of access to urgent medical assistance and the right to know how long one can be arrested for without charge – 48 hours in the case of Malta.
With regard to the right to access the materials of the case, the directive specifies that this information or access must be provided free of charge. However, access to certain materials may be refused if it could seriously jeopardise the fundamental rights of another person or if refusal is necessary to safeguard an important public interest.
The right to written information about rights on arrest will also apply to persons arrested for the purpose of the execution of a European Arrest Warrant.