Inside Police Custody 2 Recommendations 1. In order to minimize the use of pre-cautionary custody in prison the Ministry of the Interior is recommended to fully implement the law n. 9 of 17 February 2012, to which the practices with which the first deprivation of liberty is implemented must adapt on the entire national territory. Today it does not happen, giving rise to an unequal disparity in the treatment of suspected and accused persons. 2. With the aim of countering the current inequality of means between the parties in the preparation of the defense it is recommended to the Ministry of Justice to introduce the notification of the file by mail / fax together with the communication of the date of the hearing, or alternatively to allow to defenders access to the computer database, in order to extend the time of consultation of the file case; 3. It is also recommended, that provision be made within the Courts, of reserved spaces in which the interviews between defenders and assisted person can be carried out in suitable ways and times. 4. In order to ensure greater access to the right to information about their rights for all persons deprived of their liberty, it is recommended that the Ministry of Justice and the Ministry of the Interior take steps to end the practice of showing the letter of rights without delivering it. This could be delivered in the form of a circular could be enough. 5. With the aim of guaranteeing full and informed participation in the criminal proceedings by defendants and suspects who are not Italian mother tongue, the full implementation of Directive 2010/64 is recommended, and in particular the Government is recommended to establish a national register of translators and interpreters, in order to guarantee greater professionalization of the profession; 6. The Ministry of Justice is recommended to provide legal training for interpreters and translators, in particular on legal language and to adjust the wage grid for translators and interpreters, reducing at best the existing gap with respect to market prices, so as to fully comply with art. 5 of Directive 2010/64, which places the State in charge of ensuring the quality of the translation; 7. The Ministry of the Interior is recommended to translate the letter of rights into the most widely spoken languages among those who are arrested, such as Arabic. A recommended criterion for the identification of languages is the use of statistics on the nationality of arrested foreigners. 8. The legislator is recommended to apply the part of Directive 2010/64 which provides for the possibility of challenging the decision concerning the necessity of a translator/interpreter and to challenge the quality of the translation/interpretation. It is recommended that the Legislature and the Ministry of the Interior reduce as much as possible the threshold of access to linguistic and cultural mediation, in order to avoid situations such as the discovery only at the hearing of the reasons for which someone is under arrest. In this way it could be verified at the beginning, through an evaluation by the interpreter, the level of knowledge that the person in question has of the Italian language. 77

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