Rights International Spain, together with four other Spanish and international organizations, has addressed European Commissioner of Justice Věra Jourová to inform her about a memo issued by the headquarters of the National Police Corps urging officers to not enforce three EU directives that regulate the procedural guarantees of individuals arrested and those facing criminal proceedings. In the letter, the commissioner is asked to intensify the Commission’s scrutiny and inform the Spanish authorities that this type of order is contrary to EU law.

The letter refers concretely to a memo—the content of which has only recently been disclosed—adopted by national police headquarters in Madrid on November 5, 2014. The memo orders officers to not respect the rights and guarantees enshrined in a set of EU directives. In other words, they are urged to not comply with their obligation to respect and implement European Union law. Specifically, the memo refers to:

• Directive 2010/64/EU, of the European Parliament and the Council, of October 20, 2010, regarding the right to the interpretation and translation of criminal proceedings;
• Directive 2012/13/EU of May 22, 2012, regarding the right to information in criminal proceedings;
• Directive 2013/48/EU, of October 22, 2013, on the right to legal counsel in criminal proceedings and in proceedings regarding European detention orders; and the right to inform a third person at the time of deprivation of liberty and to communicate with third parties and consular authorities during the deprivation of liberty.

The signatory organizations equally urge the European justice commissioner to monitor the infringement procedure against the Spanish government, taking into account that the time limit for transposition of Directive 2010/64/EU, regarding the right to interpretation and translation during criminal proceedings, and Directive 2012/13/EU, regarding the right to information in criminal proceedings, has already expired, and both of these provisions therefore enjoy immediate effect in all EU member states, which must recognize the rights enshrined in them.

According to Patricia Goicoechea, vice-president of Rights International Spain, "European Union member states must respect and enforce the rules adopted by the EU. This obligation extends to the administration, the judiciary and, of course, also to state law enforcement officers and security forces. Police headquarters cannot order its officers to not comply with the rules, neither those of the European Union, nor those adopted by the national parliament. The memo must be revoked and the Ministries of Interior and Justice must take measures to ensure that such a situation does not occur again. We trust that the European Commission will demand due explanation and urge them to adapt national legislation to the directives once and for all."