I. v. SWITZERLANDDISSENTING OPINION OF MRS. G.H. THUNE
Doc ref: • ECHR ID:
Document date: May 14, 1992
- 0 Inbound citations:
- •
- 0 Cited paragraphs:
- •
- 0 Outbound citations:
DISSENTING OPINION OF MRS. G.H. THUNE
I have voted in favour of finding a violation of
Article 6 paras. 1 and 3 (c) of the Convention, and support the view
expressed by MM. Busuttil and Weitzel and Sir Basil Hall in their
dissenting opinion.
In addition I would emphasise the principle involved, namely the
importance of safeguarding the security and other legal interest of a
person who, following arrest, is left in custody of the police.
In my submission, the right to an effective defence and to the
equality of arms as enshrined in Article 6 paras. 1 and 3 (c) must be
interpreted in such a manner as to give an individual who has been
arrested on suspicion of having committed a crime, access to a lawyer
immediately after the arrest and during the initial interrogations.