The applicant had been committed for trial in Portugal for insulting a judge. The judge investigating that charge assigned a lawyer to represent him. Mr de Matos objected. He wanted to represent himself. He relied on article 6.3(c) of the Convention. He appealed against the order of committal. His appeal was declared inadmissible because it had not been lodged by a lawyer and because he was forbidden to defend himself in person. An appeal to the Constitutional Court was dismissed for the same reason. The Strasbourg court observed that the European Commission on Human Rights (ECmHR) had ruled on a number of occasions that article 6.3(c) did not invest an accused person with the right to decide how the fair trial of the charge against him should be secured.
‘ . . in this area it is essential for applicants to be in a position to present their defence appropriately in accordance with the requirements of a fair trial. However, the decision to allow an accused to defend himself or herself in person or to assign him or her a lawyer does still fall within the margin of appreciation of the Contracting States, which are better placed than the Court to choose the appropriate means by which to enable their judicial system to guarantee the rights of the defence.
It should be stressed that the reasons relied on for requiring compulsory representation by a lawyer for certain stages of the proceedings are, in the Court’s view, sufficient and relevant. It is, in particular, a measure in the interests of the accused designed to ensure the proper defence of his interests. The domestic courts are therefore entitled to consider that the interests of justice require the compulsory appointment of a lawyer.’
Citations:
48188/99, [2001] ECHR 901
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Citing:
Cited – X v Norway ECHR 30-May-1975
Article 6, paragraph 3, fitt . c) of the Convention : First instance proceedings. This provision guarantees that proceedings against the accused will nor take place without adequate representation for the defence, but does not give the accused the . .
Cited by:
Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Cited – Correia De Matos v Portugal ECHR 4-Apr-2018
ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Grand Chamber
The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 20 October 2022; Ref: scu.660780
