acts specified above?
Do legal aid arrangements cover
these sorts of interventions by
the lawyer?
Article 3(4)
27
Is there sufficient information
made available at police stations
and other detention sites to
facilitate exercise of the right?
How does this information
interact with the Letter of Rights
provided to suspects?
-
Article 9
14, 39, 40
Member States should make general information available to facilitate the exercise of the right to access a
lawyer.
Article 3(4) and recital 27 call for particular effort to be made to assist those deprived of liberty.
This requirement should be read together with the requirement for a Letter of Rights under the Right to
Information Directive.
See the work of the ‘Initiative Group’ (a group of Polish lawyers led by Polish LEAP members) which has sought
to ensure better information about the right of access to a lawyer in Polish police stations.viii
Your answers here
Waiver
The rights under the Directive can be waived.
See the case-law of the ECtHR such as Pishchalnikov v. Russiaix and Zachar and Cierny v. Slovakiax and examples
of relevant factors concerning the validity of waivers, as discussed earlier in this Toolkit.
The provision of ‘clear and sufficient’ information about the content of the right and the consequences of
waiving it is a precondition to the waiver being regarded as valid.
This requirement should be read together with the Letter of Rights requirement in the Right to Information
Directive. In that regard, see also the LEAP Toolkit on the Right to Information Directive.
Particular attention should be paid to the situation of those with vulnerabilities. See paragraph 11 of the
40
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