Defending theHuman Rightto a Fair Trial
November 30, 2012
Fair Trials International recently brought together 14 criminal justice experts from across Spain, to discuss pre-trial detention in law and practice. Spain is one of the many EU Member States in which Fair Trials has previously identified problems with excessive and unjustified pre-trial detention (see our report). The aim of the meeting was to work with the leading experts on the topic in Spain to better understand the cause of these problems and to explore possible solutions.
A final communiqué of the meeting was produced and is published below. The communiqué raises concerns about judges’ reliance on recommendations for pre-trial detention put forward by the public prosecutor, following these – virtually without exception. Participants also commented on the overuse of secreto sumarial – which allows judges to prevent defendants and their lawyers being given information from the prosecution case file – making it virtually impossible to challenge detention decisions effectively.
We have published a communiqué on the state of pre-trial detention in Spain available in English and Spanish.
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Fair Trials Europe is a registered public foundation in Belgium (No. 552688677). Fair Trials Europe was founded by Fair Trials International (a registered charity with limited liability in England and Wales, Nos 1134586 and 7135273), together they form Fair Trials.