McCarthy calls on fellow Euro MPs to back proposals

Arlene McCarthy

In advance of the key vote tomorrow (Thursday 27 January), Citizens right campaigner, Euro MP, Arlene McCarthy, is calling on her fellow Euro MPs to back her proposals for citizens to have better rights to information when facing criminal proceedings in another EU country.

Ms McCarthy said: "Being arrested while abroad, when you don't know the language or your legal rights, can be the beginning of a nightmare. I am determined to put an end to the kind of traumatic real life experience that one of my constituents recently faced."
Claire, a local resident, flew to Spain on holiday. On arrival she was arrested and eventually deported to Hungary, only for the charges she faced to be dismissed when she finally reached court. In the intervening weeks she faced unacceptable treatment. She said: "I was arrested from the plane at Malaga airport. I was not given a translator in Malaga when they were detailing my arrest, nor were any papers in English, as a result I had no idea why and what the reasons for my arrest were. Only in Madrid court when facing the judge was there a translator and then I understood the reasons. This was over 24 hours later.

“I requested the police contact a lawyer friend of mine in Marbella to come and represent me and to explain to me the reasons for my arrest. Upon her returning a call to the police station where I was being held she was informed I had a lawyer and she was no longer required. I [was given] no choice but to use their lawyer, who spoke no English.

“I spent 3 weeks in a Spanish High security prison, where I was denied visitors and my first telephone call was 5 days after my arrest. I was allowed 2 minutes to a Spanish number only. It was 1 week after my arrest that I was allowed to make my next telephone call.

“I was denied a phone call to inform lawyers [and] family I was being extradited.

“The police translator in Hungary struggled to correctly translate what I was stating; it took several times to explain the same point.

“No papers were given in English, and I had to sign documents to which I have no real idea what they were stating."

Ms McCarthy added: “No one should face this kind of terrible ordeal. Sadly Claire's case is not unique. These kinds of infringements of people's rights are one of the most persistent issues I take up on behalf of my constituents. I am calling on Euro MPs to support my amendments to prevent future injustices and ensure my constituents never again face such.”

Ms McCarthy is calling for full information, in writing and translated into your language, when arrested including:

• how long you can be held and how you can challenge your detention
  the right to silence
• the right to a lawyer and conditions for legal aidthe right to interpretation and translation
• the right to contact friends, family and consular officials
• the right to necessary medical care
• the right not to sign a document that is not in your own language 

She is also requesting a custody record to be kept on anyone held in detention, clear information on your rights if arrested under a European Arrest Warrant, and the right for you or your lawyer to see the evidence against you.