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Protecting the rights of accused people
The right to be present at your trial
Everyone accused of a crime should have the right to be present at their trial, to hear the case against them and to take part in their defence. Yet people can be tried and convicted without being there. This can happen even where there are questions about whether they knew that the trial was taking place – for example, because they were living in another country, did not receive a summons, or were not properly informed about what they needed to do.
Being convicted in your absence can have serious consequences. People may face imprisonment or extradition on the basis of a trial they did not attend. And even when they did not knowingly give up their right to be present, getting the case reopened and having a new trial can be difficult.
Fair Trials is working across Europe to ensure that people are not unfairly tried in their absence and that those who have been convicted without a fair opportunity to participate can effectively exercise their right to a new trial.
Coercion in police custody
All people who are held in custody are in a situation of vulnerability. They are isolated, and may have no contact with their friends, families or employers for days, while they are dependent on police for access to food, medicine and sanitation.
Coercion and violence during and following arrest is a problem around the world. Many information-gathering officials still use coercive or deceptive interrogation techniques aimed at obtaining information or confessions, despite evidence that these techniques lead to false or incomplete testimonies and miscarriages of justice.
The Méndez Principles
In 2021, a group of experts, which included Fair Trials’ Rebecca Shaeffer and Verónica Hinestroza, led by Juan Méndez published the Principles on Effective Interviewing for Investigations and Information Gathering, known as the Méndez Principles.
The Principles outline the legal and procedural safeguards that need to be in place during an investigation. They also provide guidance on how officials can gather evidence without using coercion or resort to questionable practices such as deception to extract incriminating statements. They are designed to be used by law enforcement, intelligence agencies, prosecutors, judicial authorities and defense lawyers, and are relevant for interviews with witnesses and victims as well as suspects.
Read the Méndez Principles: English, Français, Español, Portugués.
Access to lawyers
Everyone should have access to a lawyer as soon as possible after they are arrested and before they are questioned by the police. Among other things, lawyers can prevent, detect and challenge abuses by the interviewers but in reality arrested people are almost never able to access counsel until, at the earliest, their first court hearing. Fair Trials is campaigning for people who have been arrested to have access to a lawyer before they are interrogated by the police.
Find out more about our campaign on access to counsel.
Media
Opinion: Children deserve protections that too many aren’t getting in the US justice system
Opinion: The Méndez Principles: The case for US legislation on law enforcement interviews.
Decarceration Nation podcast: Listen to Rebecca Shaeffer explain why access to counsel in police stations could transform the criminal legal system in the US.
Watch Verónica Hinestroza discuss the added value of the Mendez Principles to criminal procedures, with the International Commission of Jurists ( Spanish)
Watch the international launch of the Mendez Principles, featuring the UN High Commissioner on Human Rights, UN Special Rapporteur on Torture, and experts of the Steering Committee.
