AHMET ERYILMAZ v. TURKEY - 23501/07 - Chamber Judgment (French text) [2014] ECHR 561 (03 June 2014)

AHMET ERYILMAZ v. TURKEY - 23501/07 - Chamber Judgment (French text) [2014] ECHR 561 (03 June 2014)

The absence of legal assistance for the applicant during police custody, when he made self-incriminating statements, constituted a violation of Article 6 § 3 (c) in conjunction with Article 6 § 1 of the Convention. The Court found no legal obstacle to the presence of a lawyer and rejected the Government's argument...

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Citation
[2014] ECHR 561
Parties
Applicant: Ahmet Eryılmaz; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 6 § 3 (c) in conjunction with Article 6 § 1; other complaints not examined.
Legal Topics
Right to a Fair Trial, Right to Legal Assistance, Article 6 ECHR, Article 8 ECHR, Provocation by Undercover Agents, Exclusion of Evidence, Remedies for Procedural Violations
Human Rights Law Criminal Procedure Right to a Fair Trial Right to Legal Assistance Article 6 ECHR Article 8 ECHR Provocation by Undercover Agents Exclusion of Evidence +1 more

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Parties

Ahmet Eryılmaz

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the absence of legal assistance during police custody violated Article 6 § 3 (c) of the Convention
  2. 2 Whether the refusal to hear a key witness and other procedural complaints violated Article 6 and Article 8 of the Convention

Ratio Decidendi

The absence of legal assistance for the applicant during police custody, when he made self-incriminating statements, constituted a violation of Article 6 § 3 (c) in conjunction with Article 6 § 1 of the Convention. The Court found no legal obstacle to the presence of a lawyer and rejected the Government's argument that the applicant waived this right. Other complaints were not examined in light of this finding.

Court Disposition

Violation of Article 6 § 3 (c) in conjunction with Article 6 § 1; other complaints not examined.

Orders

  • Respondent State to pay applicant 1,500 EUR for non-pecuniary damage.
  • Respondent State to pay applicant 1,000 EUR for costs and expenses.