European Court of Human Rights Rules that Absence of a Lawyer During Police Custody does not Violate the Right to a Fair Trial

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Friday, May 26, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
5
Abstract: 
On May 12, 2017, the European Court of Human Rights – Grand Chamber (Court) delivered a judgment in the case of Simeonovi v. Bulgaria (application no. 21980/04). The Court held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights (Convention), but – by twelve votes to five – that there had been no violation of Article 6 §§ 1 and 3 (c) (right to a fair trial/right to legal assistance).