90 Human Rights in Counter-Terrorism Investigations Question: Is the terrorism suspect’s right to access of legal counsel of his choice violated in the present case? The refusal to allow X access to his lawyer was not only applied just after he was charged, but also during all preliminary investigation stage interviews at the police station, when X should have benefited from such assistance. Denying access to a lawyer during the first two days of police questioning, and during all further interviews, where the rights of the defence may be irretrievably prejudiced, can never be justified. Therefore, the suspect’s right of access to legal counsel of his choice has been violated by the police. * This case study is taken from the facts in John Murray v. UK, and the analysis of the question on the findings of the ECtHR in that case.107 It is, nevertheless, recognized that police have legitimate needs to conduct their investigations without undue hindrance. There may be extraordinary circumstances in which the right to access to a lawyer may be delayed. Restrictions should, however, be decided on a case-by-case basis, remain extraordinary and temporary, and should not result in the right of access to legal counsel of one’s choice being fully denied. Lawyers are not to be discretionarily barred from taking part in the criminal investigation process. 107 There should not be tension between police investigators and lawyers representing suspects. Each year many lawyers are murdered, threatened, intimidated or harassed in various ways by states and non-state actors simply for doing their jobs. Defence lawyers carry out an essential role, testing the evidence against a suspect, and without them justice could not be dispensed properly and credibly. Any improper conduct or attempts to pervert the course of justice by destroying evidence or otherwise acting unlawfully should be investigated and prosecuted to the full extent of the law. The adequate protection of human rights and fundamental freedoms to which all persons are entitled requires effective access to legal services provided by an independent legal professional. The European Code of Police 107 ECtHR, John Murray v. UK, Application No. 18731/91, 8 February 1996, <http://hudoc.echr. coe.int/sites/eng/pages/search.aspx?i=001–57980>.