Espanja rikkoi ihmisoikeussopimusta: rikoksesta epäilty ei saanut tavata asianajajaansa

18.1.2022 | Oikeusuutiset

Markku Fredman

In today’s Chamber judgment in the case of Atristain Gorosabel v. Spain (application no. 15508/15) the European Court of Human Rights held, unanimously, that there had been:

  • a violation of Article 6 §§ 1 and (right to a fair trial) and 3 (c) (right to legal assistance of own choosing) of the European Convention on Human Rights.

The case concerned the applicant’s pre-trial detention incommunicado, and the fact that he was questioned by the police without a lawyer present, making self-incriminating statements. Those statements had formed part of the reasons for his conviction for terrorism offences. The Court found in particular that preventing the applicant from having access to counsel without giving individualised reasons had undermined the fairness of the subsequent criminal proceedings in so far as the applicant’s incriminating initial statement was admitted in evidence. The absence of remedial measures during the trial had irretrievably prejudiced his defence rights.

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