16 Amendments of Anna HEDH related to 2011/0154(COD)
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are granted access to a lawyer of his her own choosing or to legal aid according to national legislation as soon as possible and in any eventof the earliest situations:
Amendment 97 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) upon carrying out any procedural or evidence-gathering act at which the person’s presence is required or permitted as a right in accordance with national law, unless this would prejudice the acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed to the lawyer to arrive;
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) immediately from the outset of deprivation of liberty.
Amendment 102 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall notify suspects and accused persons that they have a right of access to a lawyer in accordance with the Directive on the right to information in criminal proceedings. They shall also ensure that this right is communicated in an appropriate manner that can be understood by all persons, including children and vulnerable.
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The suspect or accused person shall have the right to be represented and meet with the lawyer of his her own choosing or with the one issued from the legal aid system according to national legislation and representing him.
Amendment 120 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed for the the lawyer to arrive.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The lawyer shall have the right to check theo the extent necessary to ensure a fair trial and prevent torture or inhuman or degrading treatment, the lawyer shall be allowed to examine the specific conditions in which the suspect or accused person is detained and to thisat end shall have access to the place where the person is detained.
Amendment 130 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a person to whom Article 2 refers and who is deprived of his liberty has the right to communicate immediately with at least one person named by him as soon as possible.
Amendment 131 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the person is a child or a vulnerable person, Member States shall ensure that the child’s legal representative or another adult, depending on the interest of the child or the vulnerable person, is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto, unless it would be contrary to the best interests of the child or the vulnerable person, in which case another appropriate adult or legal representative shall be informed.
Amendment 134 #
Proposal for a directive
Article 6
Article 6
Member States shall ensure that persons to whom Article 2 refers, who are deprived of their liberty and who are non-nationals have the right to have consular or diplomatic authorities of their State of nationality informed of the detention as soon as possiblepromptly upon their arrest or detention of the detention/arrest and to communicate with the consular or diplomatic authorities. Such authorities have the right to visit such persons and to arrange for their legal representation, and to observe court proceedings in relation to the person.
Amendment 141 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) shall be justified by compelling reasons in the light of the particular circumstances of the case pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 150 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
The grounds and criteria for derogations listed above must be clearly set out in national law.
Amendment 151 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) he has the necessary capacity to understand these consequences and has reached the age of majority
Amendment 160 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Access to a lawyer shall be granted in such a time and manner as to allow the suspect or accused person to exercise his rights of defence effectively.
Amendment 167 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall not apply less favourable provisions on legal aid than those currently in place in respect ofensure that suspects and accused persons have access to legal aid where necessary, to pay for the access to a lawyer provided pursuant to this Directive.
Amendment 168 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall not apply less favourable provisions on legal aid than those currently in place in respect of access to a lawyer provided pursuant to this Directiveensure that suspects and accused persons are granted with effective legal aid according to national legislation.