International standards On the international level, the right of arrested persons to be informed, at the time of arrest, of the reasons for the arrest and of any charges against them in a language they understand is enshrined in Articles 9(2) and 14(3)(a) of the International Covenant on Civil and Political Rights (CCPR). Complementarily, two specialised UN Convention deal with the specific situation of persons with intellectual and/or psychosocial disabilities and children. The Convention on the Rights of Persons with Disabilities (CRPD) requires State Parties to take appropriate measures to ensure equal access to persons with disabilities, inter alia in regard to information and communications (Article 9 (1) (b) CRPD). The UN International Principles and Guidelines on Access to Justice for Persons with Disabilities provide additional guidance. The Convention on the Rights of the Child (CRC) protects the right of every accused child to be informed promptly and directly of the charges against them (Art 40(2)(b)(ii)). Further specifications can be found in the CRC Committee’s General Comment No 24, which states that “authorities should ensure that the child understands the charges, options and processes. Providing the child with an official document is insufficient and an oral explanation is necessary. Although children should be assisted in understanding any document by a parent or appropriate adult, authorities should not leave the explanation of the charges to such persons”.5 Arts 5(2) and 6 of the European Convention on Human Rights (ECHR) contain the right of persons deprived of their liberty (whether due to arrest or detention)6 to be informed in simple, non-technical language that the person can understand the essential legal and factual grounds for the arrest, so as to enable them, if they so wish, to challenge its lawfulness as well as their procedural rights in criminal proceedings.7 Concerning children, the ECtHR held that criminal proceedings must be so organized as to respect the principle of the best interests of the child. It is essential that children charged with an offence are dealt with in a manner which takes full account of their age, level of maturity and intellectual and emotional capacities, and that steps are taken to promote its ability to understand and participate in the proceedings.8 The authorities must take steps to reduce, as far as possible, the children’s feelings of intimidation and inhibition and ensure that they have a broad understanding of the nature of the investigation, of what is at stake, including the significance of any penalty which may be imposed as well as of their defense rights and, in particular, of his/her right to remain silent.9 Child-friendly communication techniques can facilitate children’s understanding of their rights.10 5. CRC Committee, CRC/C/GC/24, para 48. 6. ECtHR, Shamayev and Others v. Georgia and Russia, App no 36378/02, 12 April 2005, § 413 and 414. 7. ECtHR, Fox, Campbell and Hartley v. the United Kingdom, App no 12244/86, 12245/86 and 12383/8630, 30 August 1990, § 40. 8. See ECtHR, Adamkiewicz v. Poland, App no. 54729/00, 2 March 2010, § 70; ECtHR, Panovits v. Cyprus, App no. 4268/04, 11 December 2008, § 67; ECtHR, V. v. the United Kingdom, [GC] no. 24888/94, 16 December 1999, § 86; ECtHR, T. v. the United Kingdom, [GC] no. 24724/94, 16 December 1999, § 84. 9. See ECtHR, Martin v. Estonia, App no. 35985/09, 30 May 2013, § 92; Panovits v. Cyprus, § 67; ECtHR, S.C. v. the United Kingdom, App no. 60958/00, 15 June 2004, § 29. 10. See Council of Europe, ‘Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice’,17 November 2010, 39 and 75. 10 The EU Directive 2012/13/EU on the right to information in criminal proceedings (Directive on information)11 built on and complemented these international standards, providing more clarity, some additional rights, as well as binding force and the possibility to be enforced.12 One of the main novelties of the Directive is the explicit obligation to provide a written “Letter of Rights” explaining the rights of arrested persons.13 The Directive also provides that the requirement of “simple and accessible language” is interpreted taking the specific needs of the suspect into account.14 Thus, the Directive requires EU Member States to guarantee that suspected and accused persons are amongst others: • • Promptly informed of their procedural rights in simple and accessible language (Art 3); Promptly provided with a written Letter of Rights, which they shall be given an opportunity to read and shall be allowed to keep in their possession thought the time they are deprived of liberty (Art 4 (1)); The EU Directive Directive on children also enshrines the right to information. The Directive affirms that an information should be given in writing, orally or both, and in simple and accessible language, and that they be provided with a Letter of Rights pursuant to the Directive on information.15 11. 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, p 1–10 (hereinafter: Directive on the right to information). Excluded from an in-depth analysis in this factsheets are the aspects of informing a third party or a consular authority, as well as the access to case files. 12. Directive on the right to information, 1–10; See also Steven Cras and Luca De Matteis, ‘The Directive on the Right to Information‘ (2013) 1 Eucrim <https://eucrim.eu/articles/directive-right-information/> accessed on 9 December 2022; on the added value of EU law see: Giuliana Monina and Nora Katona, ‘Guidebook: Strengthening the rights of suspects and accused in criminal proceedings: the role of National Human Rights Institutions’, December 2019, p 23ff. 13. Directive on the right to information, Arts 3 and 4. 14. Ibid, Art 3(2). 15. 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, p 1–20 (hereinafter: Directive on children). Arts 4(2), 4(3) and Recital 18. See also European Union Agency for Fundamental Rights (FRA), ‘Children As Suspects Or Accused Persons In Criminal Proceedings: Procedural Rights’ (2022) <https://fra.europa.eu/ sites/default/files/fra_uploads/fra-2022-children-procedural-safeguards_en.pdf> accessed on 9 December 2022. 11