JUSTICE FOR ALL
According to the CJEU, the concept of ‘criminal proceedings’ also covers proceedings for
committal to a psychiatric hospital which, although they do not lead to a ‘sentence’ in the
strict sense, nevertheless result in a measure
involving a deprivation of liberty provided
that such a measure is justified on safety
grounds, not merely therapeutic grounds.
As a consequence, the CJEU found that the
principle of the presumption of innocence
referred to in Article 3 of Directive 2016/343
must be interpreted as requiring that the
Public Prosecutor’s Office provides proof
that the person whose committal is sought is
the perpetrator of acts deemed to constitute
such a danger.23 The Court admitted that the
purpose of such a procedure at issue in the
main proceedings is not to determine the
guilt of the person concerned, but to decide
on his compulsory committal to a psychiatric
hospital. However, since the reasons stated
for that measure of deprivation of liberty are
not just therapeutic grounds, but also safety
grounds, it must be accepted that fair trial
principles apply also to these proceedings.
Therefore, in this case, the Public Prosecutor’s
Office bears the burden of proof for establishing that the person whose committal is
sought is the perpetrator of acts deemed to
constitute such a danger.24
Referring to Advocate General Campos Sánchez-Bordona’s opinion, the Court found that
the conclusion of criminal proceedings could
also be a precautionary measure consisting
of compulsory admission to a psychiatric
hospital or similar institution of a person who
has been found to lack criminal responsibility
as a result of their mental disorder. For the
purpose of imposing both a sentence and a
coercive medical measure as a consequence
of the offence, national law provided that
there must be genuine criminal proceedings.
This must mean that the rights protected by
Directive 2012/13 must be respected during
those proceedings; the safeguards laid down
in that Directive cannot be excluded in either
situation.25 Although the ruling concerned
only certain directives, it can be expected
that similar conclusions can be reached for
all Directives and the Recommendation.
Finally, in the Conclusions on the Protection
of Vulnerable Adults across the European
Union, the Council recommended EU Member States to implement Directives 2010/64/
EU, 2012/13/EU, 2013/48/EU, (EU)
2016/343 and (EU) 2016/1919, to take into
account Recommendation 2013 and ensure
that vulnerable adults are promptly identified
so as to ensure they can fully exercise their
rights. Additionally, it recommended that the
European Commission examine the need to
strengthen procedural safeguards of suspects
or accused persons in criminal proceedings in
line with the UNCRPD.26
As noted above, being a member of the
UNCRPD, the EU is subject to the reporting
procedure before the UNCRPD Committee.
The UNCRPD Committee recommended
that “the European Union take all possible
measures to ensure the liberty and security of
all persons with all types of disabilities in line
with the Convention and the Committee’s
guidelines on Art 14 (2015).”27 Moreover,
under Art 13, the Committee stated that it
was “concerned about discrimination faced
by persons with disabilities in accessing
justice, owing to the lack of procedural accommodation in European Union member
States” and recommended the that European
Union “take appropriate action to combat
discrimination faced by persons with disabilities in accessing justice by ensuring that full
procedural accommodation and funding for
training justice personnel on the Convention
are provided in its member States.”28
23
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