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In the instant case, it can be presumed that the consequence of the police’s conduct was that in his very first statement to the police, instead of remaining silent, as he could have done, the applicant made a confession, which was subsequently admitted in evidence against him. It is also significant that during the investigation and ensuing trial the applicant did not subsequently rely on his confession, save by way of mitigation in relation to the sentence, but took the first opportunity, before the investigating judge, to contest the manner in which the confession had been obtained from him by the police (see paragraph 23 above). Although there was other evidence against him, the significant likely impact of his initial confession on the further development of the criminal proceedings against him cannot be ignored by the Court.

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In sum, in the Court’s view, the objective consequence of the police’s conduct in preventing the lawyer chosen by the applicant’s family from having access to him was such as to undermine the fairness of the subsequent criminal proceedings in so far as the applicant’s incriminating initial statement was admitted in evidence. Where, as in the present case, it is alleged that the appointment or the choice by a suspect of the lawyer to represent him has influenced or led to the making of an incriminating statement by the suspect at the very outset of the criminal investigation, careful scrutiny by the authorities, notably the national courts, is called for. However, the reasoning employed by the national courts in the present case in relation to the legal challenge mounted by the applicant concerning the manner in which his confession had been obtained by the police was far from substantial. If you call us for help, we will always discuss this with you, so you won’t be surprised. Depending on your case we can work pro deo (op basis van gefinancierde rechtsbijstand), or we can ask your legal insurance to cover our costs. All our lawyers are fluent in English and we regularly represent expats in the Netherlands with all their legal issues. Opened since 28 January 2016, the trial of the Prosecutor of the International Criminal Court... Legal costs vary from case to case and depend or your specific situation. If we have no experience with your question, we’ll refer you to a lawyer who has. You can always call us with any legal question and we’ll get you the best legal aid possible. We specialize in several law fields and all our lawyers are experts in their relative fields of law. All our lawyers our members of The Dutch bar Association. The complexity of the Dutch Legislation requires the help of specialized legal aid for your case. And that the questioning started at 8.10 p.m. This was confirmed in the judgment of the Supreme Court (see paragraph 54 above). In the Court’s view, without speculating as to the effectiveness of the legal assistance provided by M.R., this period appears to have been relatively short, bearing in mind the scope and seriousness of the accusations, involving three counts of aggravated murder and further counts of armed robbery and arson. Regard should also be had in this context to the requirement in Article 6 § 3 (b) that an accused should be afforded adequate time and facilities for the preparation of his or her defence. Nor did the applicant ever complain during the criminal proceedings that the lawyer M.R. Had failed to provide Strafrecht Oss with adequate legal advice. Talked to the applicant in private for about ten minutes (see paragraph 25 above). The judgment of the Rijeka County Court indicates that M.R. Came to the police station at 7.45 p.m. The Court notes that the record of the applicant’s questioning by the police indicates that M.R. Arrived at the police station at around 7.45 p.m. On 14 March 2007 and that the questioning of the applicant commenced at 8.10 p.m. There is no indication of the exact time when the applicant and M.R. Actually commenced the consultation, nor is there any explanation of why that information was not provided in the record of the questioning. The Court notes also that the statement from D.H., the Rijeka County State Attorney, indicates that M.R. Neither the trial court nor the investigating judge nor any other national authority took any steps to obtain evidence from G.M. Or the police officers involved in order to establish the relevant circumstances surrounding G.M.’s visit to Rijeka Police Station on 14 March 2007 in connection with the applicant’s questioning by the police. In particular, the national courts made no real attempt to provide reasons supporting or justifying their decision in terms of the values of a fair criminal trial as embodied in Article 6 of the Convention. The Court has found that the police did not inform the applicant either of the availability of the lawyer G.M. These factors, taken cumulatively, irretrievably prejudiced the applicant’s defence rights and undermined the fairness of the proceedings as a whole. If you ask us for help, you can be ensured that you receive the help you need. Hamer Advocaten is a local Dutch law firm. We are established in Bussum, a local town on the outskirts of Amsterdam from which we practice nationwide. Our goal is to give you expert legal advice at a local fee.