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The interrogation of witnesses abroad in execution of a european investigation order: an examination from eyes of the defence
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The objective of this study is to examine the position of the defence in a criminal case
under the Initiative for a Directive of the European Parliament and of the Council
regarding the European Investigation Order in criminal matters of 29 April 2010. This
proposal is under ongoing discussion at the European Union level and aims to increase
efficiency in cross-border cooperation on obtaining evidence in criminal matters.
Mutual recognition is the key word on which this cooperation is based. Any new
evidence-gathering instrument must safeguard human rights, including the rights of the
defence. This work concentrates particularly on the investigation measure of hearing a
witness. In this regard, the relevant specific defence rights and their interpretation by the
European Court of Human Rights and the European Court of Justice are revealed.
Subsequently, the potential execution of the new instrument of a European Investigation
Order is scrutinised in light of these observations. The results suggest concerns
regarding the form and content of the current provisions of the Initiative from a defence
perspective. Moreover, general counterbalancing measures are absent, rendering the
new Proposal non-proportional to the aim it is willing to achieve. The principal
conclusion is that alternative scenarios should be established in order to balance all the
interests involved.
Descrição
European Master Human Rights and Democratisation