BESANCON v. FRANCE - 29248/18 (No Article 6+6-3-c - Right to a fair trial : Fifth Section Committee) French Text [2024] ECHR 280 (04 April 2024)

BESANCON v. FRANCE - 29248/18 (No Article 6+6-3-c - Right to a fair trial : Fifth Section Committee) French Text [2024] ECHR 280 (04 April 2024)

The absence of notification of the right to silence and lack of legal assistance during police custody did not render the proceedings unfair, as the applicant had opportunity to defend himself with counsel in subsequent stages, and the conviction was based on multiple independent evidentiary elements; thus, no...

Source-derived case information.

Citation
[2024] ECHR 280
Parties
Applicant: Gérard Besançon; Respondent: Republic of France; Successor: Eugenia Butnikova
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
application dismissed
Legal Topics
Right to a Fair Trial, Right to Legal Assistance, Right to Silence, Article 6 ECHR
Criminal Law Human Rights Law Right to a Fair Trial Right to Legal Assistance Right to Silence Article 6 ECHR

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Parties

Gérard Besançon

Applicant

Republic of France

Respondent

Eugenia Butnikova

Successor

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the absence of effective legal assistance and notification of the right to silence during police custody violated Article 6 §§ 1 and 3(c) of the Convention

Ratio Decidendi

The absence of notification of the right to silence and lack of legal assistance during police custody did not render the proceedings unfair, as the applicant had opportunity to defend himself with counsel in subsequent stages, and the conviction was based on multiple independent evidentiary elements; thus, no violation of Article 6 §§ 1 and 3(c) occurred.

Court Disposition

application dismissed

Orders

  • application declared receivable
  • no violation of Article 6 §§ 1 and 3(c)