VANLERBERGHE v. BELGIUM - 28570/19 (Judgment : Article 6+6-3-c - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 304 (04 April 2023)

VANLERBERGHE v. BELGIUM - 28570/19 (Judgment : Article 6+6-3-c - Right to a fair trial : Second Section Committee) French Text [2023] ECHR 304 (04 April 2023)

The absence of legal assistance during police interrogations, combined with the lack of clear information about the right to silence and non-self-incrimination, constituted a violation of Article 6 §§ 1 and 3(c) of the Convention, as the procedural safeguards were insufficient and the incriminating statements played...

Source-derived case information.

Citation
[2023] ECHR 304
Parties
Applicant: Marijke Vanlerberghe; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Right to Legal Assistance, Self Incrimination, Procedural Safeguards
Criminal Law Human Rights Law Right to a Fair Trial Right to Legal Assistance Self Incrimination Procedural Safeguards

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Parties

Marijke Vanlerberghe

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the absence of legal assistance during police interrogations violated Article 6 §§ 1 and 3(c) of the Convention
  2. 2 Whether the applicant's late husband's rights to silence and non-self-incrimination were breached

Ratio Decidendi

The absence of legal assistance during police interrogations, combined with the lack of clear information about the right to silence and non-self-incrimination, constituted a violation of Article 6 §§ 1 and 3(c) of the Convention, as the procedural safeguards were insufficient and the incriminating statements played a role in the conviction.

Court Disposition

violation found

Orders

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