principle of a fair trial, as set out in Article 6, was contravened. There has
therefore been a violation of Article 6 § 1, taken together with Article 6 § 3 (b)
and (c).
--Ocalan v. Turkey, ECHR, 12 March 2003 (para. 169).
*****
In the Court's opinion, to deny access to a lawyer for such a long period [48
hours] and in a situation where the rights of the defence were irretrievably
prejudiced is – whatever the justification for such denial – incompatible with the
rights of the accused under Article 6....
--Magee v. the United Kingdom, ECHR, 6 June 2000 (para. 44).
Inter-American System
In the Basic Principles on the Role of Lawyers, number 8 -- under the heading
of “Special safeguards in criminal justice matters” -- sets out the proper
standards for an adequate defense in criminal cases. It reads as follows:
All arrested, detained or imprisoned persons shall be provided
with adequate opportunities, time and facilities to be visited by
and to communicate and consult with a lawyer, without delay,
interception or censorship and in full confidentiality. Such
consultations may be within sight, but not within the hearing, of
law enforcement officials.…
Mr. Astorga Valdez’ conviction illustrates even more vividly what little chance
the accused had of putting on an effective defense. In his case, the accused was
convicted in the court of last instance, based on new evidence that his defense
attorney had not seen and consequently could not rebut.
This particular case illustrates how the work of the defense attorneys was
shackled and what little opportunity they had to introduce any evidence for the
defense. In effect, the accused did not have sufficient advance notification, in
detail, of the charges against them; the conditions under which the defense
attorneys had to operate were wholly inadequate for a proper defense, as they
did not have access to the case file until the day before the ruling of first
instance was delivered. The effect was that the presence and participation of the
defense attorneys were mere formalities. Hence, it can hardly be argued that the
victims had adequate means of defense.
--Castillo Petruzzi et al. Case, I/A Court H.R., Judgment of May 30, 1999
(paras. 139-141).
*****
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