Geographical area

ECtHR case summary Salduz v. Turkey (27/11/2008)

06.05.2011

He was interrogated by police in the absence of a lawyer. He admitted his participation in the demonstration. He had denied his involvement later when brought before the public prosecutor and the investigating judge, claiming that his earlier statement had been made under duress.
With regard to the circumstances of the present case the Chamber arrived to a conclusion that a) the applicant’s fair trial rights were undoubtedly prejudiced by the restrictions on his access to a lawyer during police custody, and b) that neither assistance provided subsequently by a lawyer, nor the adversarial nature of the ensuing proceedings, in which the defense was able to challenge the prosecutor’s statements, could cure these defects.
In reaching this conclusion the Court gave particular weight to the applicant’s age. Referring to a number of relevant international law materials concerning legal assistance to minors in police custody, the Court stressed the fundamental importance of providing access to a lawyer where the person in custody is a minor.