The applicant did not ask for a lawyer when arrested and interviewed by the police.
Held: The court noted that he had in effect stated that he was not able to act freely because he was being threatened with ill-treatment. It was not possible to hold that he could reasonably have foreseen the consequences of his not requesting the assistance of a lawyer in criminal proceedings where he was at risk of being sentenced to death as he did not have any formal education and was from a humble background.
Citations:
32432/96, Unreported, 27 March 2007
Statutes:
European Convention on Human Rights 6
Cited by:
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Practice
Updated: 04 May 2022; Ref: scu.449900
