Documents: Fundamental rights - Procedural safeguards - Right to a fair trial

Article 49 TEU lays out the requirement for new members states: respect and promotion of EU values. Article 2 TEU/Article 19 TEU/Article 67 TFEU recognize that while states have different legal systems, they must respect common rule of law standards for assuring effective legal protection (effective remedy/fair trial). This right is entailed in Article 47 of the Charter of Fundamental Rights and Articles 6 and 13 of the European Convention on Human rights.

Article 4 of the Charter of Fundamental Rights of the European Union and various procedural rights lay out detention standards in the EU. The United Nations have established the following instruments in this area: Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol and UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), while the Council of Europe also sets out detention standards in the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

EU Legislation on victims' rights includes: • Victims' Rights Directive 2012/29/EU - Ensures minimum rights for all victims, all crimes • Directive European Protection Order 2011/99/EU + Regulation 606/2013 - Two instruments providing for mutual recognition of protection orders • Compensation Directive 2004/80/EC – Entailing obligation to set up national compensation scheme for victims of violent intentional crime

The Charter of Fundamental Rights was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission and on 1 December 2009, with the entry into force of the Lisbon Treaty, the Charter was given binding legal effect equal to the Treaties. The Charter entrenches all the rights found in the case law of the Court of Justice of the EU; the rights and freedoms enshrined in the European Convention on Human Rights; other rights and principles resulting from the common, constitutional traditions of EU countries and other international instruments. It creates legal certainty in the EU, by making fundamental rights clearer and more visible.

The strengthening of procedural rights of suspected or accused persons in criminal proceedings in the European Union is done by adopting and implementing the following: • Directive 2010/64/EU (27/10/2013) - Right to interpretation and translation • Directive 2012/13/EU (02/06/2014) - Right to information • Directive 2013/48/EU (27/11/2016) - Right of access to lawyer • Directive (EU)2016/343 (01/04/2018) - Presumption of innocence and right to be present at one's trial • Directive (EU) 2016/800 (11/06/2019) - Procedural safeguards for children • Directive (EU) 2016/1919 (26/10/2016) - Legal aid

The number of detained persons in 2021 (388) is continuously increasing compared to the previous years (2020 – 317, 2019 – 225). There is a slight decrease in the number of detained children in 2021 (55) compared to the same period in 2020 (76). The average period that children spent in detention in RTC Vinojug is 29 days and the maximum is 50 days. In most cases, legal guardian was appointed to the unaccompanied detained children. However sometimes there was a delay in the timely appointment of a guardian. In 2021 the persons were detained at three locations in RC Gazi Baba, RTC Vinojug and RTC Tabanovce. Migrants at RTC Vinojug who were detained as witnesses in the proceedings against the smugglers continued to be held in quarantine before being brought in front of a public prosecutor.

The monitoring report on the implementation of the Anti-Corruption Plan “Action 21” and the National Strategy for Prevention of Corruption and Conflict of Interest, in the period from March to December 2021 was prepared under the project “Monitoring of National Actions for Combating Corruption”, in order to assess the level of implementation of these documents and to show the open issues, gaps and shortcomings in the implementation of the steps planned.

This report is a comprehensive overview of the various practices, policies and procedures in relation to the asylum system in Republic of North Macedonia in 2020. The Report emphasizes the key challenges faced by the asylum seekers and the refugees during the asylum procedure and during realization of other rights. In order to produce this document, we used: a) data gathered during representation of asylum seekers, refugee and migrants, persons under subsidiary protection and recognized refugees in North Macedonia; b) data gathered through monitoring of the condition and treatment of the authorized bodies towards the refugees and migrants in the Transit Centers where MYLA has accessible offices and c) data gathered during the attendance in the Reception Center for Asylum Seekers in Skopje. Furthermore, in order to prepare this Report, we gathered public information, as well as numerous available reports and literature.