Asianajajan käytön rajoittaminen esitutkinnassa ei loukannut ihmisoikeussopimusta

23.5.2019 | Oikeusuutiset

Markku Fredman

In today’s Chamber judgment in the case of Doyle v. Ireland (application no. 51979/17) the
European Court of Human Rights held, by a majority, that there had been:

  • no violation Article 6 §§ 1 and 3 (c) (right to a fair trial and right to legal assistance of own
    choosing) of the European Convention on Human Rights.

The case concerned the applicant’s complaint that his right of access to a solicitor was restricted
during questioning on suspicion of murder. Although the applicant could consult with his solicitor
prior to the first interview and thereafter, police practice at the time meant solicitors were not
permitted to be present during police questioning.
The Court found that very strict scrutiny had to be applied in cases where, as here, there had been
no compelling reasons to justify restricting the applicant’s right of access to a lawyer. However,
when examining the proceedings as a whole, the Court held that the overall fairness of the trial had
not been prejudiced.


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