Европейски съд по правата на човека
27 ноември 2008
The Court stated that access to a lawyer had to be provided, as a rule, from the first police interview of a suspect, unless it could be demonstrated that in the particular circumstances there were compelling reasons to restrict that right. In the instant case, the justification given for denying the applicant access to a lawyer – namely that such access was by law systematically denied for offences falling within the jurisdiction of the state security courts – unduly prejudiced the rights of the defence. In sum, even though Mr Salduz had had the opportunity to challenge the evidence against him at his trial and subsequently at the appeal, the absence of a lawyer during his period in the police custody had irretrievably affected his defence rights. Thus Court found a violation of Article 6 of the Convention.