I would like to help today and donate

Next
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Next
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
CLOSE
Case law

Court of Appeal of Tarragona, 6927.001

March 2017 - Spain

Download PDF

The accused person had been surrendered to Spain from Ireland. In Ireland the accused had been questioned without a lawyer present. After surrender, the lawyer in Spain sought to challenge the validity of the incriminating testimony given in Ireland and prevent that evidence from being taken into account in court proceedings in Spain. Thus, the lawyer presented two sentences of the Irish Supreme Court that established that in Ireland the right to be questioned with a lawyer present is a constitutional right and by refusing the presence of a lawyer the Irish police had violated its own constitutional law and the evidence should be excluded. The Spanish Court refused to accept the documents unless translated. The Spanish lawyer then argued that in light of the Directive on Interpretation and translation, in conjunction with Spanish law on legal aid, the cost of the translation should be covered by the court institutions. The Court upheld this argument and granted the accused the right to get the said documents translated, the cost of which is to be covered by the Spanish authorities.

If you are a journalist interested in this story, please call the media team on +44 (0) 7749 785 932 or email [email protected]

Keep up to date

Receive updates on our work and news about Fair Trials globally

Some activities in the following sections on this website are funded by the European Union’s Justice Programme (2014-2020): Legal Experts Advisory Panel, Defence Rights Map, Case Law Database, Advice Guides, Resources, Campaigns, Publications, News and Events. This content represents the views of the authors only and is their sole responsibility. It cannot be considered to reflect the views of the European Commission or any other body of the European Union. The European Commission does not accept any responsibility for use that may be made of the information it contains.