on a regular basis in relay. Counsel had not been present at those interviews, and had merely signed the record of the interviews by the investigator(s). Duress was proven by the time-span between the hours when the investigator(s) or officers were present in the temporary detention centre and the interview time in the presence of counsel. Being without any advice and worn out by threats and ill-treatment at the hands of officers, the applicant saw no choice but confess. On each occasion the applicant was then taken to the investigator, who recorded the confessions. The applicant's inordinate stay in the temporary detention centre was intended to provide the officers with an opportunity to extract confessions. None of the officers was authorised to deal with the case and the only reason for their visits was to put pressure on him.
(b) The Government
96. The Government submitted that on 3 February 2001 the applicant had been informed of his procedural rights, including the right to legal assistance. The applicant voluntarily waived that right. The investigator informed the applicant's mother of her son's arrest on 4 February 2001 but she delayed appointment of counsel until 6 March 2001. The applicant had not been refused a meeting with his mother. The applicant named no particular counsel of his choice. In order to advance the investigation, the investigator appointed legal-aid counsel D. On 13, 20 and 26 February 2001 the applicant admitted to several crimes; his confessions were put in writing by the investigator. No counsel was present since a confession was not considered as an investigative measure requiring legal assistance. In any event, the applicant did not complain to the national authorities that counsel had been prevented from being present on those dates. The applicant confirmed his confessions at interviews on 13, 15, 18, 21 and 27 February 2001 in the presence of counsel D. There was no indication that counsel was inefficient. No injuries were recorded in February 2001. From 6 March 2001 the applicant was represented by privately-retained counsel S. The applicant chose to remain silent. However, on 15 March 2001 the applicant actively participated at the visit to the crime scene and testified in relation to the double murder in the presence of counsel S. On 23 March 2001 the applicant formally refused the services of counsel D. The injuries recorded on 21 April 2001 were unrelated to the confessions made in February 2001, and were caused by cellmates during the period when the applicant already retained counsel. In any event, the applicant refused to make any complaint in relation to that incident. The applicant's allegations of ill-treatment were examined by the trial court and were rejected as unfounded. The trial court took account of the confessions in mitigating the sentence.
2. The Court's assessment
(a) General principles
(i) Legal assistance and privilege against self-incrimination
97. Article 6 § 1 of the Convention requires that, as a rule, access to a lawyer should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right (see Salduz v. Turkey [GC], No. 36391/02, § 55, 27 November 2008; see also Dayanan v. Turkey, No. 7377/03, §§ 29 - 34, 13 October 2009). Even where compelling reasons may exceptionally justify denial of access to a lawyer, such restriction - whatever its justification - must not unduly prejudice the rights of the accused under Article 6 (ibid). The rights of the defence will in principle be irretrievably prejudiced when incriminating statements made during police interrogation without access to a lawyer are used for a conviction.
98. The Court reiterates that a person charged with a criminal offence who does not wish
> 1 2 3 ... 14 15 16 ... 20 21 22
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
