RIGHTS OF SUSPECTS IN CYPRUS
Speech by Elias Stephanou, Lawyer,
Autumn Conference on the
European Criminal Bar Association
held in Nicosia on the 24th of September 2011
The rights of suspects in Cyprus are established and secured. inter alia, by
the 5 following legislation:
The Constitution of the Republic and in particular by Article 11 of the
Constitution, which is essentially the prime and higher regulatory
legislation, which establishes the rights of suspects in Cyprus since
1960,
The Rights of Persons Arrested and Detained Act of 2005,
The Criminal Procedure Act, Cap 155, which came in force in
19591,
The Protection of Minor Children of Sentenced or Suspect
Mothers Act of 2005, and
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The legislative provisions governing the investigations contained in the Criminal Procedure Act,
Cap.155, are based on the principles of the English Common Law.
After the establishment of the
Republic of Cyprus in 1960, these provisions are subject to the Constitution which is the supreme law of
the state. Specifically, under the provisions of Article 188 of the Constitution, all laws that existed at the
date of entry into force of this Constitution shall remain in force with the necessary modifications in order
to comply with the provision of the Constitution.
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The European Arrest Warrant and Surrender Procedures between
Member States of the European Union Act of 2004.
Furthermore the rights of suspects are also established and in the Police
Order 3/3.
Below we will examine the various rights that a suspect has from the stage of
his arrested up to the stage of filing a case to the Court.
1. RIGHTS OF A SUSPECT DURING AND AFTER HIS ARREST
1.1. WHEN THE POLICE HAS A RIGHT TO ARREST A SUSPECT
No suspect may be arrested and searched in violation of the provisions of the
aforementioned laws. Article 11 of the Cyprus Constitution provides:
1. Every person has the right to liberty and security of person.
2. No person shall be deprived of his liberty save in the following cases when
and as provided by law:
[…]
(c) the arrest or detention of a person effected for the purpose of bringing him
before the competent legal authority on reasonable suspicion of having
committed an offence or when it is reasonably considered necessary to prevent
his committing an offence or fleeing after having done so;
[...]
3. Save when and as provided by law in case of a flagrant
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offence punishable
with death or imprisonment, no person shall be arrested save under the
2
As established in Kyriakides v. The Police 1 R.S.C.C. 66 “Flagrant” meant that the commission of the
offence and arrest of the offender should follow each other directly in point of time and sequence».
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authority of a reasoned judicial warrant issued according to the formalities
prescribed by the law.
In addition, Article 11 (4) of the Constitution provides at the moment of his
arrest a suspect has the right to be informed the reasons of being arrested:
4. Every person arrested shall be informed at the time of his arrest in a
language which he understands of the reasons for his arrest […].
1.2. SEARCH
An arrested person has no right to refuse investigation by the police who
proceeded to his arrest. According to Article 10 of the Criminal Procedure
Act, Cap 155, a police officer may investigate a suspect arrested and seize
any object or document in his possession if he has sufficient reason to believe
that it may be an essential evidence against the suspect who was searched or
of another person in a criminal charge and may, in any case, remove from the
suspect arrested any instrument of violence or other offensive weapon that
the suspect has with him. If the arrested suspect is a woman, then she has
the right to be searched by a female police officer.
In the case where an object was seized or removed from a suspect under
Article 10 (1) of Cap 155 but the suspect is released on the grounds that
there is insufficient evidence that prove that he committed a crime, then under
Article 10 (3) of Cap 155, the suspect has the right to be given back that
object, by the police officer who is responsible for it unless that police officer
has sufficient reasons to believe that such property may be an important
evidence against any other person to a criminal charge.
Generally, the search of a suspect who is not arrested (whether flagrant or at
executing arrest warrant) is prohibited. It is illegal to search a person without
his consent. A search is only allowed after a lawful arrest, as the Constitution
provides.
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1.3 RIGHT OF THE SUSPECT TO CONTACT A LAWYER
Article 11 (4) of the Constitution gives a suspect the right to contact a lawyer
immediately upon his arrest and be provided with his services.
4. Every person arrested [...] shall be allowed to have the services of a lawyer
of his own choosing.
This right is protected by Article 3 (1) (a) of the Rights of Persons Arrested
and Detained Act, N.163 (I) / 2005 which provides that a suspect who is
arrested from a police officer he is entitled, immediately after his arrest, to
personally contact, via telephone, with a lawyer of his choice and without any
other person being present during his conversation. According to Article 3 (3)
of N.163 (I) / 2005 the police officer who arrested the suspect must
immediately inform the suspect of his aforementioned right, in a language that
the suspect understands.
A well Cypriot case which went to the European Court of Human Rights is the
case of Andreas Panovits.
Andreas Panovits, a 17-year-old Cypriot, was
invited with his father to visit the police station in connection with a murder
and robbery. Panovits confessed his guilt after being subjected to police
questioning for about 30 - 40 minutes. He was not provided with access to
legal advice either immediately after his arrest or during questioning. The
police had only suggested to the father that Panovits can find a lawyer during
the interrogation.
Panovits' confession was decisive for the prospects of his defence and
constituted a significant element on which his conviction was based. During
the interrogation, a police officer put his gun on the desk and told Panovits he
should hurry up as the police had other things to do. The police officers also
told him that if he wanted to go he should confess.
Panovits was sentenced in May 2001 to 14 years' imprisonment for
manslaughter and robbery. In March 2008 the European Court of Human
Rights found that the lack of assistance during the interrogation had breached
Panovits' right to a fair trial.
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1.4 RIGHT OF AN ARRESTED SUSPECT TO COMMUNICATE WITH
OTHERS
The Act N.163 (I)/2005, except from giving to a suspect the right to contact a
lawyer of his choice, it also provides him with the right to communicate with
any other person of his choice in the presence of police and in the case of a
minor to contact any of his parents or legal guardians, in order to inform them
regarding his arrest or detention and the police station where he is detained
or will be detained.
Article 3(2) gives to the Police the right not to allow the arrested suspect to
speak immediately after his arrest with the persons listed above, for up to 12
hours from the moment of his arrest, if there is a reasonable belief that the
exercise of this right may:
A) lead to the destruction or hiding of evidence related to the
elucidation of the offense or,
B) prevent the arrest or questioning of another person in connection
with the offense or give rise to escape it or,
C) lead to the commission of another offense or death or bodily injury
to any person or,
D) lead to any of the following: i) to damage the interest of security of the Republic or the
constitutional or public order or
ii) in response to the administration of justice.
1.5 ARRESTED SUSPECTS WHO ARE UNDER 18 YEARS OLD
If the suspect is under 18 years old, then in accordance with Article 6 of Act
N.163 (I)/2005, a police officer must inform immediately after the arrest his
parents or legal guardians of the minor in a language they understand. Where
it is considered necessary, the Office of Social Welfare may be notified if it is
for the interest of the minor arrested.
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1.6 MENTALLY INCAPACITATED AND PHYSICALLY HANDICAPPED
ARRESTED SUSPECTS
If it is apparent that the arrested suspect, is not possible due to mental
impairment or physical disability to perform unaided his rights under Article 3
(1) and (2), then he is entitled to exercise his rights with the support of an
officer of the Medical and Social Services of the Republic, which must be
made available as soon as practicable after his arrest, without prejudice of the
time provided for the provision of access rights in cases falling under
subsection (2) of this Article.
Furthermore, in accordance with Article 4 of Act N.163 (I)/2005 an arrested
suspect whom, because of him mental incapacity he is not in a position to
understand or be informed about his rights under subsection (1) of Article 3 or
to understand his right to exercise such right, then a relative of the arrested
suspect must be informed via telephone, in an understandable language by a
member of the police regarding the arrest of the arrested suspect and the
place where he is or will be detained.
1.7 ARRESTED SUSPECTS WHO ARE FOREIGNERS
If the arrested suspect is a foreigner, then his rights must be explained to him
in an intelligible language. In addition Article 5 of the Act N.163(I)/2005
provides that where an arrested suspect is a foreigner then he has the right to
contact in person, via telephone and in the presence of a police officer, a
consular or diplomatic mission in the Republic, of the State whose is a
national, and inform them regarding his arrest and the police station where is
or will be detained and, if there is no consular or diplomatic mission in the
Republic, he may contact the Office of the Ombudsman or the National
Protection Agency of Human Rights of the Republic. The language in which
the foreigner is informed must be understandable to him. In case the
suspected alien is mentally incapacitated, then the consular or diplomatic
mission or the Office of the Commissioner of Administration or the National
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Agency for the Protection of Human Rights, must be informed by a member of
the Police.
1.8 WHERE THE EXPLANATION OF RIGHTS DURING THE ARREST CAN
NOT BE PERFORMED IN AN UNDERSTANDABLE LANGUAGE
Article 7 of the Act N.163(I)/2005 obliges the police officer who is making an
arrest to inform arrested suspect of his rights. If the police making the arrest
outside the police station does not speak a language that is intelligible to the
arrested suspect in order to inform him of regarding the offences for which he
is arrested, then the police officer is obliged immediately after the admission
of the suspect at the police station, to inform this to the person responsible for
the police investigation and the latter is obliged to proceed immediately and in
any event, before starting the interrogation of the arrested suspect to all the
arrangements necessary in order to inform the arrested suspect.
The
necessary arrangements in accordance with the law are the arrangements for
the information of the arrested suspect regarding his rights, in a language
understood by the arrested suspect.
1.9 PROVIDE FACILITATION AND RESOURCES IN A SUSPECTED
TRAINING RIGHTS
Article 8 of the Act, N.163(I)/2005, obliges the Police
to provide to an
arrested suspect all the facilities and means it is practically necessary to
exercise his rights as mentioned above. If the facilities and means are not
available when the suspect's arrest occurred outside the police station, then at
the admission of the suspect at the police station, the Police must, within the
time provided for in Article 3(2) of the Act, provide the suspect all facilities and
means practically necessary for the exercise of his rights. Inter alia, the
arrested suspect should be given a list of lawyers, in order to communicate
with someone of his choice, if he wishes to do so.
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What is happening in practice though, in relation to the aforementioned
provisions, is that the Police usually give to an arrested suspect a document
on which all of his rights are written, in order to read them and sign that
document that he was informed about his rights. However, most arrested
suspects usually sign the document without reading the contend of it.
1.10 INTERROGATION
Article 9 of the Act N.163(I)/2005 prohibits the interrogation of an arrested
suspect, if he has not being informed, according his rights as it is obliged by
Article 7 and prior exercising any right of communication which has been
requested and he is entitled to exercise.
Article 10 of the same legislation provides the right, to an arrested suspect
who is under 18 years old or to a suspect who is mentally weak (according to
Article 4) to be interrogated in the presence of their lawyer.
The right of a arrested suspect to have his lawyer present at his interrocation
is not regulated by the Act N.163(I)/2005 and is stil a vague issue in the
Cyprus law. But the European Court of Human Rights in the case Salduz v.
Turkey [2008] ECHR 36391/02 [Grand Chamber] (27 November 2008)
clarified this issue. In this case, the ECHR decided that the right to a fair trial
under Article 6(1), in order to remain quite "practical and meaningful", access
to a lawyer should be given to a suspect, usually from the first interrogation by
the police, unless it could be proved, in the light of the particular
circumstances of each particular case, that there are compelling reasons so
thus the police restricts this right. Even if there are compelling reasons that
may justify the denial of access to a lawyer, this limitation - whatever the
justification – must not prejudice the rights of a suspect in accordance with
Article 6. The rights of the defence, would in principle be, that a suspect has
suffered irreparable damage. when incriminating statements made during an
interview with police where made without access to a lawyer and where the
basis for his conviction.
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2.
RIGHTS OF A SUSPECT DURING DETENTION
2.1 CONSTITUTIONAL RIGHTS IN CONNECTION WITH THE DETENTION
OF AN ARRESTED SUSPECT
After the arrest of a suspect, the Police must either present the arrested
suspect within 24 hours from the moment of his arrest at a District Court from
which the Police may request the detention of the suspect for a number of
days, for reasons related to the investigation of the case or the Police must
accuse him in writing and let him free. The Court may order the detention of a
suspect for eight days for reasons related to the investigation of the case and
may renew the detention of the suspect every 8 days for up to three months.
A suspect who denies the reservation may appeal to the Court, which will
hear testimony and decide on the matter. Articles 11 (5), (6) and (7) of the
Constitution regulate these matters. These provide as follows:
Article 11
[…]
5. The person arrested shall, as soon as is practicable after his arrest, and in
any event not later than twenty four hours after the arrest, be brought before a
judge, if not earlier released.
6. The judge before whom the person arrested is brought shall promptly
proceed to inquire into the grounds of the arrest in a language understandable
by the person arrested and shall, as soon as possible and in any event not later
than three days from such appearance, either release the person arrested on
such terms as he may deem fit or where the investigation into the commission
of the offence for which he has been arrested has not been completed remand
him in custody and may remand him in custody from time to time for a period
not exceeding eight days at any one time:
Provided that the total period of such remand in custody shall not exceed three
months of the date of the arrest on the expiration of which every person or
authority having the custody of the person arrested shall forthwith set him free.
Any decision of the judge under this paragraph shall be subject to appeal.
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7. Every person who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings by which the lawfulness of his detention shall be
decided speedily by a court and his release ordered if the detention is not
lawful.
2.2 INFORMATION RIGHTS IMMEDIATELY AFTER THE SUSPECT
DETAINED
Each detained suspect, according to Article 17 of the Act N.163(I)/2005 has
the right to be informed, in an understandable language to him, as soon as
possible after he is detained, the rights he has under Articles 12 to 16 of the
Act N.163(I)/2005.
In practice this is achieved by granting the rights of detainees in writing by the
Police Detention Officer. Also, the rights of the detained suspects are
published in the cells of the detention facilities, both in Greek and English
language. Of course, in practice numerous detained suspects sign a
document without reading it first.
2.3 CONFIDENTIAL AND UNINTERRUPTED INTERVIEW WITH LAWYER
Article 12 of the Act N.163(I)/2005 entitles a detained suspect to have
confidential and uninterrupted interview with his lawyer, without having any
police office to watch them or hear them, at any time of the day even if the
detained suspect is detained at a prison or a police station. There is no
limitation on this right.
2.4 CONTACTS WITH RELATIVES AND DIPLOMATIC MISSION
Article 16 allows a detained suspect to accept visits from relatives for up to
one hour in total in a specified place at the presence of police officer or a
prison staff. If the person is a detained suspect is a foreigner, he is allowed to
be visited from representatives of the consular or diplomatic mission of his
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country and if there is no consular or diplomatic mission from his country then
he may be visited from any international or national organization or agency or
authority of human rights.
2.5 THE BEHAVIOR OF THE POLICE TO A SUSPECT WHO IS DETAINED
During his detention the detained suspect, according to Article 19, has the
right not to be subjected to torture or to inhuman or degrading treatment or
punishment or any punishment or psychological or mental violence, to be
treated and live with dignity, to be detained in logical size cell in which the
basic amenities and sanitation, adequate lighting and ventilation and proper
equipment to rest, are provided. The state must ensure that the
aforementioned rights are secured. It is also an obligation of the person
responsible for the detention facilities to ensure for the adequate and
appropriate diet, physical and mental health, hygiene and physical integrity of
a detained suspect.
2.6 MINORS AND FEMALE DETAINED SUSPECTS
As to what regards detained suspects under 18 years old the law requires that
they be kept in separate cells from adult detained suspects. The same applies
to detained suspects of the opposite sex (see article 20). Further, the Act, in
Article 21, specifically provides the right to female detained suspects to be
treated in a way that it will not constitute a direct or an indirect sexual
harassment or violation of their moral dignity.
2.7 DETAINED SUSPECTS WHO ARE MOTHERS
Also the person in charge of the detention facilities, in case where the
detained suspect is a woman, he is obliged, under Article 21, if the detained
woman breastfeeds, to make the necessary arrangements so that it can
continue to breastfeed in a separate room in the jail while detained, and if she
desire to be able to keep the baby with her at her own expense in the cell
where she is detained. Also the person in charge is required to make the
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necessary arrangements to provide a female detainee, essential toiletries or
to make such toiletries available in order to be obtain at by the female suspect
detainee at her own expense. If the woman is pregnant, the person in charge
for the detention facilities must make the necessary arrangements so as not
to adversely affect the pregnancy or health of her or of the fetus.
It is important at this point to mention that the detention of women who are
pregnant or they are mothers of children aged up to 3 years old and which are
suspected of committing a misdemeanor or felony, no orders from any court,
under Article 3(2) Protection of Minor Children of Sentenced or Suspect
Mothers Act of 2005, unless the court considers the offense under
investigation a serious one, by taking into consideration the nature of the
offense together with the circumstances of the case.
2.8 PROVIDING HEALTH CARE TO SICK PRISONER
If a detained suspect becomes ill, then Articles 23-27 give him the right to be
examined by a doctor and to be provided with any necessary medical care or
monitoring, always of course, according to the provisions of the legislation.
3.
POLICE ORDER 3 / 3
Police Order 3/3 is like an internal code of conduct which implies to the police
officers how to act during an interrogation and imposes many rules and
principles that must be followed during this stage. In the context of the police
order there are also a number of rules and principles which must be followed
by the police officer and which rules and principles guarantee the rights of
suspects from whom a statement is given to the police.
The order in a sense apply to its context the obligations imposed by the
Rights of Persons Arrested and Detained Act of 2005, but also gives guidance
to investigators on how to obtain a statement so thus they properly take a
statement from a suspect and not violated the rules and the rights of
suspects.
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4. Criminal Offences and Remedies for violation of Law 163
(I)/2005
4.1 CRIMINAL OFFENCES
The law protects further the rights of suspects arrested and condemns any
unconstitutional arrest by creating criminal offenses. According to Article 31 of
Act N.163 (I)/2005, a police officer is guilty of a criminal offense and shall, on
conviction be imprisonment for a term not exceeding three years in any of the
following cases of deprivation of the liberty of a person:
A) In case were the police officer arrests, detains or restricts a person
and the arrest, detention or restriction, according to each case, does
not fall into any of the cases arrest, detention or confinement of person
is permitted as it is referred to in subparagraphs (a) (b ), (c) (d) (e) and
(f) of paragraph 2 of Article 11 of the Constitution of the Republic and
the Criminal Procedure Law,
B) In case were a warrant of arrest is not issued, and he arrests a
person in a case other than that of a flagrant offence punishable with
death or imprisonment.
Also a member of the Police is guilty of a criminal offense and shall, on
conviction, be imprisonment for a term not exceeding twelve months or
a fine not exceeding one thousand pounds or to both such fine and
imprisonment, if he is acting in violation of subparagraph 4 of
paragraph 2 of Article 11 of the Constitution of the Republic, by
neglecting or failing to inform the arrested person at the time of his
arrest, the grounds of his arrest in an intelligible to the arrested person,
language.
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4.2
DISCIPLINARY
OFFENCES
AND
REMEDIES
FOR
VIOLATION OF RIGHTS REFERRED TO IN THIS LAW
Article 36 of the Act N.163(I)/2005 entitles a person who’s rights under this
Act have been violated, to sue the State and the police office or the staff of
prisons or detention facilities officer, responsible for the violation of his rights
and claim damages for breach of his rights, and he is entitled to a fair
compensation regardless of whether he suffered any actual injury or damage
or pecuniary or other loss resulting from the breach.
5. ARREST AND PUBLICATION OF SUSPECTS IN OTHER
COUNTRIES
Article 11 (2) of the Constitution regulates also the cases when the arrest and
extortion of a suspect is required from the Republic by another country.
Article 11(2) imposes that:
2. No person shall be deprived of his liberty save in the following cases when
and as provided by law:
[…]
(F) arrest or detention of a person to prevent unauthorized entry into the
territory of the Republic or arrest or detention of an alien against whom actions
were for the purpose of deportation or extradition or arrest or detention of a
citizen of the Republic for the purpose of extradition or surrender, with subject
to the following provisions:
(i) The arrest or detention of a citizen of the Republic for the purpose of
delivery based on the European Arrest Warrant is only possible in
relation to events that occurred or acts committed after the date of
accession of the Republic in the European Union.
(ii) The arrest or detention of a citizen of the Republic for the purpose of
extradition or surrender in accordance with international agreement
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binding the Republic is possible only on events that occurred or acts
committed after the publication on Thursday to amend the Constitution
Act 2006 .
(iii) The arrest or detention of any person for the purpose of issue or
delivery in accordance with international convention is not possible if
the relevant statutory body or authority has good reason to believe that
the request for extradition or surrender made to prosecute or punishing
a person as a result of race, religion, nationality, ethnic origin, political
opinions, or legal under international law demands the collective or
individual rights.
[...]
Cyprus with its accession to the European Union, adopted the Resolution for
the European arrest warrant and created the European Arrest Warrant and
surrender Procedures Among the Member States of European Union Act
2004 – N.133(I)/2004. This law governs inter alia the rights of suspects who
are arrested in Cyprus for the purpose of executing a European arrest
warrant.
Specifically, Article 17 of N.133(I)/2004 provides that a requested person who
is arrested under a European arrest warrant must be driven before the
competent district judge within 24 hours. Then the Judge if is satisfied about
the arrested person’s identity, informs him of the existence and content of the
warrant, the right to use the services of a lawyer and an interpreter, as well as
the possibility that consenting to surrender to the issuing State. Further, the
person entitled himself or through his counsel may request and receive copies
of all documents at its own expense.
6. COMPARISON OF DOMESTIC LAW WITH THE EUROPEAN CHARTER
OF PROCEDURAL RIGHTS OF SUSPECTS AND PRISONERS
Cyprus, as a member of the European Union is obliged to harmonize its
internal legislation with that of the European Union. In November 2009 the EU
Council adopted the Procedural Rights Roadmap for Suspects and Prisoners
to strengthen the rights of suspects and prisoners in criminal proceedings in
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the European Countries. The Procedural Roadmap of the Rights of Suspects
and Prisoners impose some measures which should be fulfilled by each
member state. These are:
Measure A: Translation and Interpretation.
Measure B: Information on the Rights and Information on Indictments
Measure C: Legal Advice and Legal Assistance
Measure D: Communication with Relatives, Employers and Consular
Missions
Measure E: Special Measures for suspects or accused who are
Vulnerable
Measure F: Period of Detention.
Compared these provisions with the already existing legislation in Cyprus, it is
obvious that the domestic legislation ensures those imposed by the abovementioned European Roadmap. As to what regards Measure A, the internal
law requires that suspects are informed about their rights in a language
intelligible to them. It is not necessary that the language is the native
language of the accused, but must be a language the suspect understands.
In connection with Measure B Cyprus laws stipulate that a suspect must be
informed of his rights and for what crime is accused of. Also, our legislation
ensures that suspects who are obviously mentally handicapped have the right
so their relatives are informed about the suspects rights. The same applies to
people who are minors where their parents or guardians are contacted. In
essence our legislation ensures that that suspects no matter their age,
physical capabilities or mental status are having their rights secured.
Measure C is also guaranteed by the Cyprus legislation as the legislation is
clear that a suspect has the right, immediately after his arrest, to
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communicate with a counsel of his choice. Furthermore, domestic law
provides that during detention the suspect's lawyer may visit him in detention
prison and have confidential interviews with him in a separate room.
Measure D, is also ensured by domestic legislation. The communication
between the suspect and his lawyer, relatives, parents or guardians, or in
case of foreigner suspects, consular or diplomatic mission of his country or
the Commissioner of Administration or the National Agency for Protection of
Human Rights of the Republic, it is provided to a suspect, except in the cases
where the police has the power to refuse of doing so. However, Cypriot
legislation does not specifically provide communication with the employer of a
suspect as it may be the case in other countries.
When it comes to Measure E legislation in Cyprus obliges the police to act in
a way that upholds the rights of vulnerable suspects and / or detainees. The
law protects both spiritually poor people and the physically disabled. The law
is giving them the right to have the necessary support from either the Medical
or Social Services. Also the right of communicate of intellectually incompetent
persons is also ensured through national legislation.
Finally, Measure F is also guaranteed, since in our country the police must act
within a short defined legal framework. Specifically, The Constitution but also
the Criminal Procedure Act, Cap 155 places the timetables to be met by the
police during the investigative stage. Also, the legislation entitles both the
investigating authority and the accused to be heard at the Court and provide
reasons for and against, at authority's request for keeping a suspect in
custody during the investigation of a case. Furthermore the legislation defines
the maximum time of detention of a suspect and if extension of his detention
is sought the law requires that sufficient justification is given to the Court.In
this way the rights of a suspect who is necessary for the authorities to be kept
in custody during the stage of examining a crime, are secured.
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POSSIBLE VIOLATIONS
Unfortunately, even though the aforementioned laws impose measures to
prevent any violations related to the rights of arrested or detained suspect,
the police was reported several times for violating those laws and there are
numerous informal complaints from arrested suspects that they were not
allowed to practice their rights properly. Usually the possible violations that
may be made by the Police, inter alia, are the following:
1) In a recent case, which concerned the crime of manslaughter, the
defendant after he hit the victim went to the Police Station and told
the police about his action. A police officer then told him to go
home and informed him that they would come to his house at a later
point. The defendant was upset and emotionally distressed.
A
couple of hours later the police visited him at his house and ask him
to follow them to the Police station. It is important to mention that,
at that time the police did not arrested the defendant but he
followed them voluntarily.
At the police station the defendant
pleaded the commission of the crime and the police asked him to
give a voluntary statement. Even though he told the police that he
had a terrible headache, a police officer insisted so that the
defendant gives to the police a voluntary statement. The police
should have done so. The proper way was to arrest him first and
allow for a lawyer to be present and not to push the defendant to
give them a statement in order to secure a confession for the
commission of the crime.
If a lawyer was present, a testimony
could be given but some facts regarding the feelings of the
defendant and the actions of the victim prior to the commission of
the crime may have played an important role during his plea of selfdefense.
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2) Often it is also common to hear from arrested suspects that they
were not informed about their rights after they were arrested but at
a later stage.
3) Many times the police may obtain a testimony from a suspect
without telling him he has the right to consult a lawyer.
4) An explanation of the rights of a foreign suspect is often not done in
understandable language.
5) During the interrogation the police in most cases do not allow a
lawyer to be with the suspect / client.
6) Meeting of lawyers with suspects detained in Central Prison is often
limited in time, and so many lawyers are not able to discuss all the
issues they may want with their clients.
7) Also it is common practice to give a paper to an arrested suspected
on which all of his rights are written and they ask him to sign it,
without giving him time to read it first.
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