TISSET v. FRANCE - 53464/11 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2019] ECHR 885 (05 December 2019)

TISSET v. FRANCE - 53464/11 (Judgment : Right to a fair trial : Fifth Section Committee) French Text [2019] ECHR 885 (05 December 2019)

There was a violation of Article 6 §§ 1 and 3(c) ECHR because the applicant was not notified of his right to silence and was denied effective legal assistance during police custody, and the domestic courts failed to remedy these procedural deficiencies, which substantially affected the fairness of the proceedings.

Source-derived case information.

Citation
[2019] ECHR 885
Parties
Applicant: Jean-Christian Tisset; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits by Fifth Section Committee
Outcome
Violation of Article 6 §§ 1 and 3(c) ECHR found; application partly allowed.
Legal Topics
Right to a Fair Trial, Right to Legal Assistance, Right to Silence, Use of Evidence Obtained in Violation of Rights
Human Rights Law Criminal Procedure Right to a Fair Trial Right to Legal Assistance Right to Silence Use of Evidence Obtained in Violation of Rights

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Parties

Jean-Christian Tisset

Applicant

French Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits by Fifth Section Committee

  1. 1 Whether the applicant's right to a fair trial under Article 6 §§ 1 and 3(c) ECHR was violated due to lack of notification of the right to silence and absence of effective legal assistance during police custody

Ratio Decidendi

There was a violation of Article 6 §§ 1 and 3(c) ECHR because the applicant was not notified of his right to silence and was denied effective legal assistance during police custody, and the domestic courts failed to remedy these procedural deficiencies, which substantially affected the fairness of the proceedings.

Court Disposition

Violation of Article 6 §§ 1 and 3(c) ECHR found; application partly allowed.

Orders

  • The application is declared admissible.
  • There has been a violation of Article 6 §§ 1 and 3(c) of the Convention.