CONCURRING OPINION OF JUDGE SPIELMANN

1. I agree in all respects with the Court ’ s conclusions as to the violation of Article 6 §§ 1 and 3 (c) of the Convention on account of the lack of legal assistance in the initial stages of police questioning.

2. In paragraph 99 of the judgment the Court reiterates that when an applicant has been convicted despite a potential infringement of his rights as guaranteed by Article 6 of the Convention he should, as far as possible, be put in the position in which he would have been had the requirements of the provision not been disregarded, and that the most appropriate form of redress would, in principle, be trial de novo or the reopening of the proceedings if requested.

3. Given its importance, I would have liked this reasoning set out in paragraph 99 of the judgment to have been included in the operative provisions as well, for the reasons explained in detail in the joint concurring opinion in the case of Vladimir Romanov v. Russia (no. 41461/02, 24 July 2008 ).

4. It is essential that in its judgments the Court should not merely give as precise a description as possible of the nature of the Convention violation found but should also, in the operative provisions, indicate to the State concerned the measures it considers most appropriate to redress the violation.