14 • It is the lawyer’s role to prepare for an effective challenge to a request for imposing or maintaining a pre-trial detention order. To do so effectively, access to the case file is crucial. Existing deficits concerning the scope and modalities of access to the case file, impacting the effectiveness of legal assistance in pre-trial detention, are considered in section 3. • Pre-trial detention measures tend to be disproportionately ordered in respect to foreign suspects, due to a presumed flight risk.48 A further key obstacle that lawyers face in all the jurisdictions covered here is the ability to communicate with their clients, where clients speak another language. Section 4 focuses on problems relating to the availability of interpretation services and, where available, the poor quality of interpretation. • Finally, section 5 focuses on judicial practice in respect to alternative measures to pre-trial detention, and specifically the impact of the failure to exercise key defence rights on the willingness of judges to order alternatives – in particular the right to a lawyer from the beginning of the proceedings and access to the case file. 48 See Wouter van Ballegooij, European Parliamentary Research Service, December 2017, Procedural Rights and Detention Conditions – Cost of non-Europe Report, p. 28, available at: http://www.europarl.europa.eu/RegData/etudes/STUD/2017/611008/EPRS_STU(2017)611008_EN.pdf.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents