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I. v. SWITZERLANDDISSENTING OPINION OF MRS. G.H. THUNE

Doc ref:ECHR ID:

Document date: May 14, 1992

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I. v. SWITZERLANDDISSENTING OPINION OF MRS. G.H. THUNE

Doc ref:ECHR ID:

Document date: May 14, 1992

Cited paragraphs only

                 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.

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