In that context, the Audiencia Provincial de Tarragona asks essentially whether the Framework Decision on the standing of victims in criminal proceedings precludes national legislation which, where violence is committed within the family, prescribes that a mandatory injunction is to be imposed by the criminal court on the perpetrator of the violence to stay away from the victim even when the victim opposes the application of such a measure and wishes to resume her relationship with the perpetrator.

B. whereas this right to justice includes, in particular, the right to an effective remedy, the right of access to an impartial tribunal, the right to a fair trial, the right to be tried within a reasonable time and the right to access to legal aid, as well as full respect for the fundamental rights of persons suspected of an offence prior to criminal proceedings and the right to respectful and humane treatment, pursuant to the international standards of the UN and of the European Convention on the prevention of torture and inhuman or degrading treatment or punishment, for convicted persons following such proceedings,

B. whereas this right to justice includes, in particular, the right to an effective remedy, the right of access to an impartial tribunal, the right to a fair trial, the right to be tried within a reasonable time and the right to access to legal aid, as well as full respect for the fundamental rights of persons suspected of an offence prior to criminal proceedings and the right to respectful and human treatment, pursuant to the international standards of the UN and of the European Convention on the Prevention of Torture, for convicted persons following such proceedings,

– whereas this 'right to justice' includes, in particular, the right to an effective remedy, the right of access to an impartial tribunal, the right to a fair trial, the right to be tried within a reasonable time and the right of access to legal aid, and whereas protection of these rights is all the more important in respect of criminal proceedings,

If someone is found taking drugs, instead of sending them before a criminal judge who might sentence them to a harsh criminal penalty — or the threat of that — they are put instead before health professionals whose goal is not to punish the person but to encourage them to seek out counselling.

The President of the International Criminal Tribunal for the former Yugoslavia, Judge Antonio CASSESE, has paid an official visit to the Commission today.