Right to information
You have the right to information about the reasons for your arrest and the charges against you.
No one can force you to give information against yourself, even if you are charged with a very serious offence. You have to be careful of what you say because this information may later be used in court against you through the testimony of police officers. However, you have to give truthful information about your identity, such as your name and surname. Upon arrest the police must inform you about:
- Your right of access to a lawyer
- Your right to free legal advice and the conditions for obtaining such advice
- Your right to be informed about the legal and factual grounds for your arrest
- Your right to interpretation and translation
- Your right to remain silent
- Your right of access to the materials of the case
- Your right to have consular authorities and one person informed
- Your right of access to urgent medical assistance
- The maximum number of 24 hours you may be deprived of liberty before being brought before a prosecutor
What human rights violation may there be?
If you are not informed promptly and adequately of the reasons for the arrest this may result in a violation of the right to liberty and security of a person. If you are not informed about your other rights and as a result you have not exercised one or several of them, this may result in a violation of your right to a fair trial.
Resources
Law
3
Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings
22 May 2012
European Convention on Human Rights
In force for Bulgaria as of 7 September 1992
Article 5 (1) c)
Article 5 (1) c)
Case Law
2
Fox, Campbell and Hartley v. the United Kingdom
European Court of Human Rights
30 August 1990
30 August 1990
Other
2
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
UN General Assembly resolution No A/RES/43/173
9 December 1988
9 December 1988
General comment No 35: Article 9 (Liberty and security of person)
UN Human Rights Committee
16 December 2014
16 December 2014
Human Rights Guide
A European platform for human rights education