143. As is apparent from the judgment of 15 January 2001, the trial court found the applicant guilty of murder on the basis of his confession, which it found to be corroborated by other evidence (see paragraph 65 above). The Court has already discussed the circumstances in which the confession was obtained and considers that they were such as to cast doubts on its reliability. It also transpires that although the trial and appeal courts dealt with the applicant's submissions concerning duress, the relevant court decisions contain no ruling on the issue of legal assistance, despite the fact that the applicant consistently raised this matter at both levels of jurisdiction (see paragraphs 58 and 67 - 69 above). Hence, the Court is not satisfied that the applicant's grievance received an appropriate response from the national courts and considers that fair procedures for making an assessment of the issue of legal assistance proved non-existent in the present case.
144. In the light of the foregoing, the Court concludes that the use of the applicant's confession statement obtained in circumstances which raised doubts as to its voluntary character, and in the absence of legal assistance, together with the apparent lack of appropriate safeguards at the trial, rendered the applicant's trial unfair.
145. There has accordingly been a violation of Article 6 § 1 of the Convention in conjunction with its paragraph 3 (c).
146. In view of its findings, the Court does not consider it necessary to examine the remainder of the applicant's complaints under Article 6.
III. Alleged violation of Article 34 of the Convention
147. The Court, of its own motion, raised the issue whether the applicant had been subjected to intimidation which had amounted to a hindrance to the effective exercise of his right of individual petition, in breach of Article 34 of the Convention, in particular, in respect of the events of 6 January 2004. Article 34 provides:
"The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right."
A. Submissions by the parties
148. The Government admitted that on 6 January 2004 Captain G., an official of the regional office of the FSES, had had a conversation with the applicant. They submitted, however, that the conversation had been aimed at "verifying the circumstances which had prompted the applicant to complain to the European Court" and "obtaining full information on the application with a view to subsequently preparing the Government's memorandum for the proceedings before the Court". No psychological or physical pressure had been exerted on the applicant, which was proved by his written statement of 3 March 2004 where the latter had submitted that he had no complaints about his colony administration and the officers of the regional department of the FSES.
149. The applicant noted the Government's admission that the conversation between him and Captain G. had indeed taken place. With reference to his and Ch.M.'s statements of 11 July 2005, he claimed that, contrary to the Government's assertion, G. had pressured him to amend his position concerning his complaints before the Court about the alleged beatings in police custody. In particular, the former had ordered him to write an explanation concerning the above events along the lines indicated by him and had threatened the applicant with reprisals after he refused to do so. The applicant asked the Court to take into account his vulnerable position as a prisoner whose well-being fully depended on the authorities, cla
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