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were implemented through directives of the European Parliament and
of the Council. These concern the right to translation and interpretation
(Measure A);28 the right to information on rights and information about
the charges (Measure B);29 the right of access to a lawyer and to legal aid
(Measure C); the right to communication with relatives, employers and
consular authorities (Measure D);30 special safeguards for suspected and
accused persons who are vulnerable (Measure E);31 and a Green Paper on
pre-trial detention.32
Directive (EU) 2016/800 on procedural safeguards for children (Children’s
Directive) and the recommendation of 27 November 2013 on procedural
safeguards for vulnerable persons suspected or accused in criminal
proceedings have been developed specifically for persons in a situation
of vulnerability. The Children’s Directive aims at establishing common
minimum rules for the protection of procedural rights of children, as well
as common standards on detention.33
The recommendation on vulnerable persons focuses on suspects or accused
persons who are not able to understand and to effectively participate in
criminal proceedings due to their age, their mental or physical condition
or disabilities. Article 14 recommends that member states take all steps
to ensure that deprivation of liberty of vulnerable persons before their
conviction is a measure of last resort, proportionate, and taking place
under conditions suited to their needs. It mentions specifically the need to
take appropriate measures in order to ensure that vulnerable persons have
28. Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to
interpretation and translation in criminal proceedings, OJ L 280, 26.10.2010.
29. Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, OJ L 142, 1.6.2012.
30. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 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, OJ L 294, 6.11.2013; Directive (EU) 2016/1919 of the
European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons
in criminal proceedings and for requested persons in European arrest warrant proceedings, OJ L 297,
4.11.2016.
31. Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural
safeguards for children who are suspects or accused persons in criminal proceedings, OJ L 132, 21.5.2016;
Commission Recommendation of 27 November 2013 on procedural safeguards for vulnerable persons suspected
or accused in criminal proceedings, OJ C 378, 24.12.2013.
32. Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU
criminal justice legislation in the field of detention, COM(2011) 327, 14.06.2011.
33. See 2.2.2 below for more on the Children’s Directive.
Prisoners in a Situation of Vulnerability
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