ABDOUNI AND OTHERS v. FRANCE - 76344/13 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2019] ECHR 893 (05 December 2019)

ABDOUNI AND OTHERS v. FRANCE - 76344/13 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2019] ECHR 893 (05 December 2019)

Although the applicants did not have effective legal assistance during police custody and were not notified of their right to silence, the domestic courts based their convictions on a range of evidence beyond the impugned statements, and the applicants had the opportunity to challenge the evidence and present their...

Source-derived case information.

Citation
[2019] ECHR 893
Parties
Applicant: Abdelhafid Abdouni; Applicant: Samir Husejnovic; Applicant: Midhat Fejzic; Applicant: Mickael Aliane; Applicant: Kamel Ouali; Applicant: Arsen Atanovic; Applicant: Khaled Harakate; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application admissible for Abdouni and Husejnovic, inadmissible for others; no violation found.
Legal Topics
Right to a Fair Trial, Access to Legal Counsel, Police Custody, Terrorism Offences, Procedural Safeguards
Criminal Law Human Rights Law Right to a Fair Trial Access to Legal Counsel Police Custody Terrorism Offences Procedural Safeguards

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Parties

Abdelhafid Abdouni

Applicant

Samir Husejnovic

Applicant

Midhat Fejzic

Applicant

Mickael Aliane

Applicant

Kamel Ouali

Applicant

Arsen Atanovic

Applicant

Khaled Harakate

Applicant

French Government

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the absence of effective assistance of a lawyer during police custody violated Article 6 §§ 1 and 3(c) of the Convention
  2. 2 Whether the applicants' convictions were based primarily on statements made without legal assistance

Ratio Decidendi

Although the applicants did not have effective legal assistance during police custody and were not notified of their right to silence, the domestic courts based their convictions on a range of evidence beyond the impugned statements, and the applicants had the opportunity to challenge the evidence and present their case with legal representation at trial and on appeal. The procedural deficiencies during custody were remedied in the overall proceedings, and there was no violation of Article 6 §§ 1 and 3(c).

Court Disposition

Application admissible for Abdouni and Husejnovic, inadmissible for others; no violation found.

Orders

  • Application declared admissible for Abdouni and Husejnovic, inadmissible for other applicants for non-exhaustion of domestic remedies.
  • No violation of Article 6 §§ 1 and 3(c) of the Convention.