Procedural aspects: Information and Consent
penitentiary institution receives a judgment’s execution
order. A convicted person should have the legal consequences of the transfer explained to them.272 For example, in the Ilguciems prison, convicted foreign citizens
receive an excerpt from the Criminal Procedure Law
as well as an explanation of their right to express the
wish to serve the sentence in the country of their citizenship or permanent residence (it is unclear whether
this is provided in any language other than Latvian). If
a convicted person has additional questions about these
rights, they can sign up for a meeting with Registration
Unit (Uzskaites daļa) officials.273
In some Member States, information leaflets in various
languages are distributed among prisoners (Austria,
Belgium, Germany and Finland). In others, law enforcement or judicial authorities may be in charge of informing individuals about the transfer option (Bulgaria, the
Czech Republic, Bulgaria, France and Slovenia).
Even fewer Member States have established such procedures for the Framework Decision on probation and
alternative sanctions and the Framework Decision on
the ESO. It appears that, where there are no procedures
for providing information about the possibility to transfer, affected persons must rely on the goodwill of lawyers or others, seek information from official websites,
or obtain it through the word of mouth.
6.2. Right to interpretation
assistance when
considering transfers
The three Framework Decisions concern foreigners,
who may not speak the language of the state in which
they were the subject of criminal proceedings. The
Framework Decisions make only cursory reference to
the issue of linguistic understanding. The Framework
Decision on transfer of prisoners only imposes an obligation on the issuing state to inform sentenced persons, in a language they understand, that it has been
decided to forward the judgment together with the
certificate (Article 6 (4)). The decision refers to a language the sentenced person understands, and not their
mother tongue. This conforms with ECtHR case law.274
The Framework Decision on transfer of prisoners does
not address interpretation assistance or translation of
pending proceedings. Article 23 provides that the certificates that accompany judgments shall be translated into
the official language, or one of the official languages,
272 Latvia, Criminal Procedure Law (Kriminālprocesa likums),
21 April 2005, Section 819, para. 1.
273 Latvia, Representative of the Ilguciems prison security and
registration unit.
274 ECtHR, Brozicek v. Italy, No. 10964/84, 19 December 1989,
paras. 38–42.
of the executing state; however, this provision serves
the purpose of facilitating international cooperation and
not providing information to the sentenced person. The
two other decisions similarly provide that the certificates should be translated into the official language,
or one of the official languages, of the executing state
(Framework Decision on probation and alternative sanctions in Article 21, and Framework Decision on the ESO
in Article 24). There is no reference to the necessity of
informing the person in a language they understand.
FRA ACTIVITY
FRA report on rights in criminal
procedures
FRA has issued a report on procedural rights in
criminal procedures in parallel with this study on
the three Framework Decisions. That report explores the legal and practical situation of suspects
and accused persons in relation to the right to interpretation and translation as well as the right to
information on rights and charges (covered by Directive 2010/64 of 20 October 2010 and Directive
2012/13 of 22 May 2012).
The rights provided for in these two EU instruments apply during criminal proceedings, and
may thus be applicable to the ESO in some circumstances. However, they do not apply to transfer proceedings after final convictions. The logic
underlying the right to be informed about suspicions or criminal charges and to some form of
mechanism to ensure that suspects or accused
persons have understood the message could
also be applied to information for detainees on
the possibilities and consequences of transfers.
This is touched upon in Section 6.5, which covers
verifications of suspects’/sentenced persons’ understanding of the transfer process. The Opinions
outlined in this report also draw parallels between
the EU legislation on criminal proceedings and
transfer proceedings.
Source: FRA (2016), Rights of suspected and accused persons
across the EU: translation, interpretation and information,
Luxembourg, Publications Office
Possible entitlements to assistance from interpreters
would therefore stem from domestic law. However, parallel efforts by the EU on interpretation and translation
in criminal procedures as well as on understanding criminal charges – addressed in the box highlighting a new
FRA report on rights in criminal procedures – underscore
the usefulness of providing language assistance and
quality control for such assistance to potential transferees. Figure 14 shows which EU Member States provide
prisoners with a right to interpretation and translation
during transfer proceedings.
FRA’s research shows that 16 states provide interpretation assistance for sentenced persons, either while
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