Simons v. Belgium (dec.) - 71407/10 - CLIN [2012] ECHR 2023 (28 August 2012)

The impossibility in law for persons charged with a criminal offence and deprived of their liberty to be assisted by a lawyer from the start of their detention affects the fairness of criminal proceedings but does not, by itself, render the detention unlawful under Article 5 § 1.

Source-derived case information.

Citation: [2012] ECHR 2023
Parties: Applicant: Simons; Respondent: Belgium
Jurisdiction: European Union
Judgment Date: 28 August 2012
Procedural Posture: Application for Admissibility Before the European Court of Human Rights / Decision on Admissibility
Outcome: inadmissible (manifestly ill-founded)
Legal Topics: Right to Liberty, Lawfulness of Detention, Legal Representation, Right to Fair Trial

Human Rights Law Criminal Procedure Right to Liberty Lawfulness of Detention Legal Representation Right to Fair Trial

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Simons

Applicant

Belgium

Respondent

Procedural Posture

Application for Admissibility Before the European Court of Human Rights / Decision on Admissibility

Legal Issues

1 Whether the lack of legal representation during police custody and questioning by the investigating judge rendered the applicant's detention unlawful under Article 5 § 1 of the Convention

Ratio Decidendi

Court Disposition

inadmissible (manifestly ill-founded)

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