SAUNDERS v. UNITED KINGDOM JUDGMENT
15
FINAL SUBMISSIONS TO THE COURT
57. The applicant submitted that the use of the transcripts at the trial
was a breach of Article 6 para. 1 (art. 6-1) and that, to the extent that the
delay in starting the police investigation was motivated by a desire to obtain
those transcripts, the manner of obtaining the evidence was also in violation
of this provision (art. 6-1).
58. The Government contended that the mere fact of compulsion could
not and did not render the proceedings unfair. Further, that if it was
concluded that any of Mr Saunders’s answers could properly be described
as self-incriminating, it would still be necessary to assess whether the
extremely limited use in fact made of those answers rendered the criminal
proceedings unfair. In their submission it did not.
AS TO THE LAW
I.
ALLEGED VIOLATION OF ARTICLE 6 PARA. 1 OF THE
CONVENTION (art. 6-1)
59. The applicant contended that he was denied a fair trial in breach of
Article 6 para. 1 of the Convention (art. 6-1) which, in so far as relevant,
states:
"In the determination of ... any criminal charge against him, everyone is entitled to a
fair ... hearing ... by an independent and impartial tribunal ..."
The Commission found that there had been such a violation, although
this was contested by the Government.
A. The right not to incriminate oneself
1. The arguments of those appearing before the Court
a) The applicant
60. The applicant complained of the fact that statements made by him
under compulsion to the inspectors appointed by the Department of Trade
and Industry (DTI) (see paragraph 18 above) during their investigation were
admitted as evidence against him at his subsequent criminal trial (see
paragraphs 30-33 above).
He maintained that implicit in the right to a fair trial guaranteed by
Article 6 para. 1 (art. 6-1), as the Court had recognised in its judgments in
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