evidence extracted by torture was routinely used to secure
guilty verdicts and that suspects were very frequently
denied access to a lawyer of their choice, lawyers often
being given access to their client by law enforcement
officials after the suspect had been held in custody for
several days, when the risk of torture was at its greatest.
In addition, it was found that in many cases law
enforcement officials would only grant access to a lawyer
after the suspect had signed a confession and that meetings
between lawyers and clients, once granted, were generally
infrequent, defence lawyers rarely being allowed to be
present at all stages of the investigation.”
The approach of these judges is consistent with the even more recent
decision of the Court in Harutyunyan v Armenia (App No 36549/03,
unreported, 5 July 2005) where in paras 2(b) and (f) the Court ruled:
“(b) As to the complaint about the coercion and the
subsequent use in court of the applicant’s confession
statement, the Court considers that it cannot, on the basis
of the file, determine the admissibility of this part of the
application and that it is therefore necessary, in accordance
with Rule 54 § 2 (b) of the Rules of the Court, to give
notice of this complaint to the respondent Government.
(f)
As to the complaint about the use in court of
witness statements obtained under torture, the Court
considers that it cannot, on the basis of the file, determine
the admissibility of this part of the application and that it is
therefore necessary, in accordance with Rule 54 § 2 (b) of
the Rules of the Court, to give notice of this complaint to
the respondent Government.”
Had the Court found that the complaints of coercion and torture
appeared to be substantiated, a finding that article 6(1) had been violated
would, in my opinion, have been inevitable. As it was, the Court did not
rule that these complaints were inadmissible. Nor did it dismiss them.
It adjourned examination of the applicant’s complaints concerning the
alleged violation of his right to silence and the admission in court of
evidence obtained under torture.
-17-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents