Information Note on the Court’s case-law 100

August-September 2007

Salduz v. Turkey (referral) - 36391/02

Judgment 26.4.2007 [Section II]

Article 6

Article 6-3-c

Defence through legal assistance

Lack of legal assistance during police custody: case referred to the Grand Chamber

The applicant was convicted for aiding and abetting the Kurdistan Workers’ Party (“PKK”, an illegal organisation) and sentenced to imp risonment. Before the Court he complained about the unfairness of the proceedings against him as the submissions of the principal prosecutor at the Court of Cassation had not been communicated to him and as he had been denied the assistance of a lawyer dur ing his police custody.

In its Chamber judgment the Court held, unanimously, that there had been a violation of Article 6 § 1 on account of the non-communication of the prosecutor’s submissions. It further held, by five votes to two, that there had been no violation of Article 6 § 3 (c) on account of the lack of legal assistance during police custody.

The case was accepted for referral to the Grand Chamber at the applicant’s request.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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