Inside Police Custody 2
3.2.1 Lithuania
The law requires that the letter of rights be served on a person at the time of their arrest or detention or,
if the person is not arrested or detained, at the beginning of the first interrogation (which, in respect of
persons not arrested or detained, goes beyond the requirements of Article 4 of the Directive). There is
a national, standard, letter of rights approved by the Prosecutor General, and the list of rights contained
in the letter of rights corresponds to those set out in the Directive. The letter of rights is available in five
languages, in addition to Lithuanian, and if the suspect does not understand one of these languages, the
law requires that it be explained orally by an interpreter, and that it should subsequently be translated
into a language understood by the suspect. The letter of rights is both lengthy and complex, essentially
reproducing relevant parts of the criminal procedure code and using technical language. By contrast, the
standard letter of rights for use in European Arrest Warrant cases is shorter and expressed in more simple
language. There is no simplified form of the letter of rights, and whilst the police have a general obligation
to explain procedural rights, they are not under an explicit obligation to explain it, for example, to children
or vulnerable suspects, nor to ensure that a suspect understands it. The Human Rights Monitoring Institute
have proposed a simplified form of the letter of rights, but this has not been adopted.
The observational research found that the police normally do serve the letter of rights as required
by national law, and sometimes serve it again, or check that it has been served, at the beginning of
each interrogation. However, in some observed case, the letter of rights was not served until after the
interrogation had commenced, or at the end of the interrogation. Some suspects said that the letter of
rights had not been served on them, or that it had, but that they had not been allowed to keep it in their
possession, and this experience was endorsed by a number of lawyers. Practice was found to vary in
terms of the time given for suspects to read the letter of rights. Some suspects were given as much as 15
minutes to read it, whereas others were given no time to read it. None of the lawyers observed addressed
the question of procedural rights in the consultation with their client, and in the two observed cases
involving children, the lawyers did not seek to explain the rights to their clients.
3.2.2 Slovenia
The law requires that where the police have grounds to suspect a person of a criminal offence, they must
provide information about specified rights, which accords with Article 3 of the Directive. Where a person is
deprived of their liberty, a letter of rights must be served on them immediately. The letter of rights must be
provided in a language that the suspect understands, but if it is not available in the relevant language, an
oral translation may be provided, and a letter of rights in a language that the suspect understands served
on them later. A standard letter of rights, which covers the rights specified in Article 4 of the Directive,
has been prepared by the police, and it is available in 22 languages in addition to Slovenian. There is no
procedure for dealing with suspects who cannot read, and no requirement for the police to ensure that the
suspect understands the notice.
In observed cases, the initial information was normally provided at the time of deprivation of liberty, and
the letter of rights was normally served when the person was taken to a police station or detention facility.
However, some of the suspects interviewed said that the information had not been fully provided, or that it
was provided so rapidly that they were unable to understand it. This accords with the findings of previous
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