Recommendations
Legal aid and remuneration:
The national working group115 in its action plan and in further
roundtable events,116 presented the following recommendations
on how to tackle the challenges identified above.
•
The Directives and their implementation:
Access to main documents:
•
New laws are needed that fully transpose the Directives,
together with monitoring their practical implementation,
in particular at a local level, in order to safeguard the
rights of the arrested person.
•
•
A better cooperation between lawyers’ associations and
tribunals was identified as necessary in order to increase
awareness-raising actions on procedural rights and on
the benefits of the Directives.
Regarding the delivery of the Letter of Rights (actual and
in written form), the introduction of more guarantees,
particularly judicial remedies in cases of violation, was
recommended.
•
Similarly, more guarantees and judicial remedies should
be established in cases of violation regarding a
suspect’s/an accused person’s actual knowledge and
comprehension of the right to silence.
•
•
The modalities of testing a suspect’s knowledge and
comprehension of the Italian language should be
reviewed.
•
Judicial remedies to challenge a negative decision
regarding the possibility to benefit from translation or
interpretation services and a review of judicial remedies
regarding the translation of documents should be
introduced.
Poor quality of translation and interpretation:
•
In order to monitor the quality of interpretation services,
a mandatory video recording of the interpretation during
the proceedings should be established and judicial
remedies should be introduced to make it possible to
assess the work of the interpreter.
•
In addition, a specific, mandatory register must be set
up, requiring translators and interpreters to have specific
knowledge in the legal field.
•
For the suspect/accused, a rule on the recusal
(substitution request) of the interpreter should be
introduced.
•
Regarding the poor quality of interpretation services, it
was proposed to set up a register which was considered
especially useful for rare languages or dialects. For big
tribunals, it was suggested that an office within the
tribunal be set up with specialized interpreters.
On the right to information, it was noted that simply
handing the Letter of Rights was not sufficient to
guarantee that the arrested person understood his/her
rights but would require oral explanation.
The lack of confidentiality of communication:
•
More guarantees of the confidentiality of lawyer/client
communications, such as adequate facilities for
consultations, are necessary.
The lack of time to consult with a client:
•
The need for the establishment of a minimum timing of
the consultation between the suspected/accused person
and their lawyer before the validation hearing or the fasttrack trial was highlighted. Even if there is no time
limitation to the consultation between the lawyer and the
client, it could be useful to set a minimum time so that
lawyers don’t feel pressured by the environmental
circumstances to speed up the necessary consultation.
The national action plan suggests the inclusion of some
documents of the prosecutor’s file in the notice of the
hearing to the lawyer, at a minimum the relevant
procedural documents, such as the provisional charge of
the client.
The right to translation and interpretation:
Information about rights:
•
The rules concerning legal aid and a severe delay in
payments to lawyers by the Italian state should be
adopted.
115 The working group was composed of nine lawyers. It met on 25 July 2018 via videoconference.
116 Roundtable events were held on 22 May 2019 in Bari, on 30 May in Bologna and on 6 June in Rome. Representatives from different legal professions contributed to the
discussions, including defence lawyers, judges, public prosecutors, academics and ombudspersons for people deprived of personal liberty.
40
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents