a conviction or to found
subsequent procedural acts?
Do national remedies extend to
the fruit of the poisoned tree as
defined in Part I of this Toolkit?
Miscellaneous
Article 5
Article 6
Is incommunicado detention
permitted in your jurisdicition?
In what circumstances and
subject to what safeguards?
Article 7
35
36
37
Are non-nationals able to
receive consular assistance
promptly in all locations?
Article 5 establishes a right to have a third person informed of deprivation of liberty without undue delay.
Regard should be had to the specific needs of children / vulnerable suspects (see the texts mentioned earlier).
Derogations are available under Article 5(3) on similar grounds to those applicable under Article 3(6).
Article 6 establishes a right to communicate with a third person while deprived of liberty.
The limitations in Article 6(2) appear to follow similar logic as Article 5(2) (see recital 36).
Your answers here
The right to consular assistance while deprived of liberty is protected by Article 7.
See also the Vienna Convention on Consular Relations of 1963 (see recital 37).
This does not impact upon third states’ obligations to provide consular access to EU nationals arrested abroad.
Persons with more than one nationality may choose which consular assistance they wish to receive.
Your answers here
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