Posted by
Sorina Macrinici
Posted by
Sorina Macrinici
Posted by
Sorina Macrinici
Posted by
Sorina Macrinici
Posted by
Sorina Macrinici
Posted by
Nadejda Hriptievschi
On 21 April 2011 the ECtHR published its judgment in the case Nechiporuk and Yonkalo v. Ukraine. The Court found violations of Article 3 (material and procedural aspects), Article 5 §§ 1, 2, 3, 4 and 5, Article 6 §§ 1 and 3 (c) of the Convention.
The Court developed his case-law in Yaremenko, Shabelnik and several other cases against Ukraine concerning the right to remain silent and the right to defence.
To be mentioned that in this case the Court concluded that, due to frequent impediments in access to a lawyer on the applicant's own choice, episodical presence of the lawyer at the time of obtaining confession did not remedy the violation of the right to defence.
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