Of course, these are our arguments and the Grand Chamber of the ECtHR may take a more relaxed
approach when it gives judgment in Ibrahim and Others v. United Kingdom. However, that is the line
we encourage you to take:
Argue: Article 3(6) permits questioning without a lawyer but only for a specific,
preventive purpose linked to urgent risks of harm to others. It means the absence
of a lawyer will not be a breach of Article 3 itself. However, as is clear from Article
12(2), a remedy is still nevertheless needed in respect of evidence obtained in this
context. Accordingly, in line with the generic approach discussed in Part I, the
evidence obtained should not be used for a conviction.
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