Guidebook STANDARDS 1.4.4. Right to information From which point in time does the right to information apply? RELEVANT QUESTIONS: Suspected or accused persons should be promptly provided with information concerning procedural rights in order to allow for those rights to be exercised effectively. This information has to be provided orally or in writing or if the person is arrested in the form of a written Letter of Rights.171 »» »» »» »» »» »» When did the person receive the information? Did he or she have enough time to consider before being questioned? Did the person waive any of his/her rights? If yes, why? If arrested or detained did the person have time to read the Letter of Rights and was it handed to the person? Is the Letter of Rights comprehensive and accessible? • Also for persons in vulnerable situations? • Is it available also in other languages? Was the person informed about the charges against him or her? When the person informed? Did the person or his/her lawyer have access to the materials in due time? • Where there any restrictions? The right to information is of utmost relevance because without knowing the rights, suspects and accused persons cannot exercise those effectively, e.g. access to a lawyer or interpreter. A deficiency in informing the person about his or her rights may again has great impact on the subsequent proceedings. Thus, the right to information play on many levels an important role in the defense and the overall fairness of the proceeding.168 Thus, the right to information includes different elements: the right to be informed of procedural rights, including the Letter of Rights on arrest; the right to information about the accusation; and the right of access to the materials of the case.169 Accordingly, the right to information is fulfilling several purposes, namely: »» Ensuring that the person is aware of his or her rights - especially when deprived of liberty - as this is a precondition for all the other procedural safeguards »» Safeguarding that the suspected or accused person has all the relevant information about the arrest and accusation and the relevant case files in order to effectively defend him- or herself, including challenging the arrest or detention, and thereby to ensure equality of arms170 42 Further, suspects and accused persons should be informed about the accusation promptly and in such detail that they can prepare their defense. This means that the information should be provided latest before the first official interview by the police or the other competent authority.172 In case a person is deprived of liberty the information about the reasons should be provided promptly. This provision reflects the case law of the ECtHR, that states that the information should be made clear promptly, either on arrest or during the interrogation.173 The Directive provides that information must be given to the person at latest on the submission of the merits of the accusation to a court detailed.174 Moreover, enough time must be given to the accused persons to be able to prepare their defense in order to safeguard the fairness of the proceedings.175 Similarly, the access to the materials of the case should be granted in due time that allows the effective exercise of the rights of the defense; where a person is arrested and detained, the access to those materials should be provided at a point of time that the lawfulness of the arrest or detention can effectively be challenged. The access to the materials should be provided at latest upon submission of the merits of the accusation.176 What does the right to information cover? All suspected and accused persons – arrested or not – are entitled to be informed of their rights. The relevant provision provides that the persons should be informed about: a) the right of access to a lawyer; b) any entitlement to free legal advice and the conditions for obtaining such advice; c) the right to be informed of the accusation, in accordance with Article 6; 43