Traduction de «Principle judicial freedom in weighing evidence » (Anglais → Français) :

51. Notes that prosecuting terrorist acts carried out in third countries by European citizens or by non-EU nationals residing in the EU requires that the collection of evidence in third countries should be possible, on a basis of full compliance with human rights; calls, therefore for the EU to work on the setting-up of judicial and law enforcement cooperation agreements with third countries to facilitate the collection of evidenc ...[+++]e in said countries, provided that strict legal standards and procedures, the rule of law, international law and fundamental rights are safeguarded by all parties and under judicial control; recalls, therefore, that the collection of evidence, interrogation and other such investigative techniques must be carried out subject to strict legal standards and must comply with EU laws, principles and values and international human rights standards; warns, in this connection, that the use of cruel, inhuman and degrading treatment, torture, extra-judicial renditions and kidnapping is prohibited under international law and may not take place for the purpose of collecting evidence of criminal offences committed inside the territory of the EU or outside its territory by EU nationals;

1. Condemns the recent police raids and the detention of a number of journalists and media representatives on 14 December 2014 in Turkey; recalls that a free and pluralistic press is an essential component of any democracy, as are due process and judicial independence; stresses, therefore, the need, as regards this latest round of arrests, in all cases (i) to provide ample and transparent information on the allegations against the defendants, (ii) to grant the defendants full access to the incriminating evidence and full defence rig ...[+++]hts, and (iii) to ensure the proper handling of the cases to establish the veracity of the accusations without delay and beyond reasonable doubt; stresses that these actions call in question respect for freedom of the media, which is a core principle of democracy;

9. Stresses that the reform of the Turkish judiciary system is central to the efforts to bring about democratic consolidation in Turkey and an indispensable prerequisite for Turkey’s modernisation, and that such reform must lead to a modern, efficient, fully independent and impartial judicial system guaranteeing due process of law for all citizens; welcomes the third judicial reform package as a step towards a comprehensive reform process in the area of the judiciary and fundamental rights; stresses, however, the crucial importance of continuing the reform process with a fourth judicial reform package (a) addressing the excessively bro ...[+++]ad definition of criminal offences and, in particular, what constitutes an act of terrorism under the Penal Code or the Anti-Terror Law, with the urgent need to introduce a clear distinction between, on the one hand, the promotion of terrorism and the incitement to violence and, on the other hand, the expression of non-violent ideas, in full compliance with ECtHR case law, in order to safeguard freedom of expression, freedom of assembly, including student protests, and freedom of association; (b) addressing the issue of excessively long pre-trial detention periods; (c) addressing the need to allow full access to the prosecution file for defence lawyers; (d) setting criteria to promote the quality and consistency of evidence; and (e) reviewing the role and scope of special courts;

(17a) A uniform common set of procedural guarantees is a necessary prerequisite to ensuring a fair and effective application of measures concerning judicial cooperation in criminal matters; taking into due consideration the opinion of the European Parliament, the Council should without delay adopt a legal instrument on procedural safeguards in criminal proceedings, based upon the principle of presumption of innocence, which should ...[+++] include at least the authorization by the judicial authority for any restriction or deprivation of freedom, the right to a "Letter of Rights", to legal advice, to evidence, to be informed on the nature and reasons of the charges and of the grounds for suspicion, the right to access to all relevant documents in a language the suspect/defendant understands and to an interpreter;

The principles of freedom, democracy and respect for human rights, fundamental freedoms and the rule of law are common to the Member States, which defend them primarily by means of their national democracies and their national judicial systems.

The proposal to remove a requirement for judicial evaluation of the evidence in support of the request could have the potential for serious problems under the Canadian Charter of Rights and Freedoms.