Inside Police Custody 2
the Official Register of Judicial Translators has not been created yet, in spite of the legal obligation to do so
and its importance in order to ensure the quality of the service provided.
Field-research has shown that, in practice, access to interpretation and translation is not provided when
detainees are first informed of their rights and the reasons for their arrest. Although the Ertzaintza has the
letter of rights translated into a number of languages, agents do not provide suspects with a translated
version of the letter but rather read the information in Spanish, even if they are aware that detainees do not
understand.
Information on rights at this early stage of arrest is critical and agents should ensure that detainees are
provided with a translated version of the letter or take all necessary steps to have the information on rights
translated by interpreters over the telephone.
Access to an interpreter during lawyer/client contacts in police premises appears to be well ensured, in
general terms. Although the situation where a detainee was convinced to waive his right was extraordinary
and does not reveal a pattern, it is to be noted that agents and lawyers shall refrain from acting in such a
way and rather seek for alternatives that allow the effective exercise of the right.
Right to information
The provisions of the Criminal Procedure Act on access to information on rights comply with the provisions
of the Directive. The practice, as regards the timely disclosure of oral information on rights and reasons for
the arrest comply with legal provisions. However, the letters of rights contain a literal reproduction of the
text of art. 520.2 of the Criminal Procedure Act, which is not drafted in a simple and accessible language,
as requested in the Directive. Although officers tend to use simpler language to explain the content of
their rights to detainees, it would be necessary to adapt the drafting of the official forms to make it more
accessible.
It stands out from the field-research that detainees are never allowed to keep a copy of the letter of rights,
despite the fact that the law does clearly recognize their right to do so.
Regarding access to case materials and documents at police stations, the transposition of the Directive is
inadequate. Procedural rules refer to “access to essential elements”, instead of documents, as provided
for in the Directive. In addition, guidelines for police forces have been issued that contain a narrow
interpretation of the information to be disclosed to detainees and their lawyers.
In practice, some police agents of the Ertzaintza provide lawyers with documents of the police file,
although most often agents only give oral information on the facts, indications of participation and reasons
for the arrest.
Right to access to a lawyer and legal aid
The normative framework concerning access to a lawyer and access to legal aid in criminal proceedings
complies with the Directive.
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