By Bruno Waterfield - 22nd April 2004
Controversial and delayed EU rules to safeguard the rights of crime suspects will be unveiled by the European Commission next week.
Rows over a legal basis and pressure from some national capitals have dogged proposals initially planned for last November.
Included in the Brussels initiative will be calls for a 'letter of rights' to be given to all crime suspects on arrival at a police station.
Wednesday's safeguards will herald further controversial commission blueprints on bail and the detention of suspects in May.
EU justice chief Antonio Vitorino last September trailed proposals "which will, I put this very diplomatically, generate lively debate".
As the Portuguese commissioner predicted, early drafts generated "anxiety" among national governments concerned at the commission's interpretation of EU treaty law.
The new proposals will, say EU officials, "steer a middle course" and "very delicate" steps have had to be taken by justice draftsmen tip-toeing around national anti-terror legislation.
Various capitals have enacted legislation which departs from the European Convention on Human Rights (ECHR).
Under national security exceptions to the ECHR, UK anti-terror laws - for example - allow foreign suspects to be held indefinitely without trial.
A Brussels consultation on the procedural safeguards noted that "numerous international and European instruments exist conferring rights on suspects".
"Yet, in many cases, it would seem that these rights are ignored or flouted. In some cases, the suspect is unaware of those rights."
Vitorino is suggesting "a simple, inexpensive remedy": a 'letter of rights' for all arrested suspects.
Early versions of the documents include a wide range of rights and the April 28 version may drop or qualify certain pledges.
Rules giving a 'right to silence', to guard against self incrimination vary across Europe.
And international conventions ensuring that foreign suspects have the right to consular assistance have not been signed by Portugal, Spain, Greece and the Netherlands.
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