liberty before being brought before a judicial authority.
Article 5
Article 6
Article 7
Information about challenging the lawfulness of an arrest;
obtaining a review of the detention; or making a request for
provisional release.
Drafted in simple and accessible language.
Suspect or accused receive the letter written in a language that
they understand.
Model example provided in Annex 1.
Letter of
Rights in
European
Arrest
Warrant
Proceedings
Persons who are arrested for the purpose of the execution of a
European Arrest Warrant shall be promptly provided with a
Letter of Rights to safeguard the fairness of proceedings and the
effective exercise of the rights of the defence.
Model example provided in Annex 2.
Right to
information
about the
accusation
Entitles suspected or accused persons to information about the
criminal act that they are suspected or accused of having
committed.
Persons who are arrested or detained are to be informed of the
reasons for their arrest or detention.
Ensures detailed information is provided, at the latest in court,
on the accusation, including the nature and legal classification of
the criminal offence, as well as the nature of participation by the
accused.
Any changes in the information given are to be promptly
informed to the suspect or accused person.
Documents which are essential to challenging effectively the
lawfulness of the arrest or detention should be made available
to arrested persons or their lawyers.
Access must be granted at least to all material evidence in
possession of the competent authorities, to those persons or
their lawyers in order to safeguard the fairness of the
proceedings.
Access to the materials shall be granted in due time to allow the
effective exercise of the rights of the defence and at the latest
upon submission of the merits of the accusation to the court.
Without prejudice to the requirement relating to documents
essential to challenging detention, access may be refused if it
may lead to a serious threat to the life or the fundamental rights
of another person or to safeguard public interest.
Right of access
to the
materials of
the case
10