Забезпечення поінформованості підозрюваного про його права в аспекті практики Європейського суду з прав людини

Abstract

The article deals with the issues of proper informing of a suspect about his or her rights in criminal proceedings interms of the case law of the European Court of Human Rights.It was found on the grounds of the analysis of the Court’s legal position that information should be provided as soonas a person has been deprived of his or her liberty or as soon as possible, i.e. immediately. When it comes to the timelinessof informing a detained or arrested person, the Court emphasizes the importance of providing the necessary informationon the main legal and factual grounds for his or her detention, firstly, immediately and, secondly, in simple, unprofessionallanguage understood by him.Timely information also means that each arrested or detained person should be informed of his or her right to theassistance of counsel of his or her choice or appointed immediately at the time of arrest or detention, prior to questioningand when bringing charges.ECHR considers informing a person on the body of evidence underlying the charges to be another aspect of informationawareness in criminal proceedings. In accordance with the principle of equality of arms in the early stages of criminalproceedings, suspects have the right to access evidence that can enable them to challenge the legality of their detention.It is possible on the grounds of the research to emphasize the standards developed in the ECHR decisions that areinstrumental to the proper informing the suspect on his or her rights in criminal proceedings. These should include atleast the following: timeliness and promptness of information awareness in language understood on: the rights grantedby the law, the reasons for arrest; the right to remain silent (not to testify against oneself); to use legal assistance ofa defense counsel, including free of charge; the right to free choice of a defense counsel; to voluntarily, consciously,reasonably refuse legal assistance of a defense counsel; scope (nature) of charges; the body of evidence underlying thecharges; the right to an interpreter (if necessary, his replacement) and a written translation of at least the documents heor she signs into a language in which the accused is fluent.Key words: a suspect, a detained person, defense, defense party, right to defense.