Communicated on 27 August 2020 Published on 14 September 2020

FOURTH SECTION

Application no. 71507/16 Hermanus Maria HOESTE against the Netherlands lodged on 23 November 2016

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of criminal proceedings against the applicant due to the fact that he was not assisted by a lawyer during his first questioning by police, and the subsequent use by the trial courts of the evidence obtained in the absence of a lawyer .

QUESTIONS TO THE PARTIES

1. Did the applicant have a fair trial within the meaning of Article 6 § 1 of the Convention?

In particular, having regard to the fact that the applicant was not assisted by a lawyer during his first questioning by police and to the principles adopted by the Grand Chamber in the case s of Ibrahim and Others v. the United Kingdom ( [GC], no. 50541/08 and 3 others , §§ 255-65, 13 September 2016) and Beuze v. Belgium ([GC], no. 71409/10, §§ 120-50, 9 November 2018) , has there been a breach of Article 6 §§ 1 and 3 (c) of the Convention?

2. For what reason was the applicant ’ s lawyer allowed to attend the subsequent questionings of the applicant by police (which took place at a time when the right to be assisted by a lawyer during police questioning had not yet been recognised in the Netherlands)?