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CASE OF TADEVOSYAN v. ARMENIACONCURRING OPINION OF JUDGE FURA-SANDSTRÖM

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Document date: December 2, 2008

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CASE OF TADEVOSYAN v. ARMENIACONCURRING OPINION OF JUDGE FURA-SANDSTRÖM

Doc ref:ECHR ID:

Document date: December 2, 2008

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CONCURRING OPINION OF JUDGE FURA-SANDSTRÖM

The Court found a violation of Article 6 paragraph 1 taken together with Article 6 paragraph 3 (b) of the Convention in that the applicant did not have a fair hearing, in particular on account of the fact that he was not afforded adequate time and facilities for the preparation of his defence (paragraph 72) following the case-law established in the cases of Ashughyan and Galstyan. While accepting this approach, I would have preferred to examine separately the complaints relating to the lack of legal assistance. The applicant alleges that he had neither been informed of his right to have a lawyer nor refused to have one (paragraph 71). For the same reasons expressed in my partly dissenting opinion in the Galstyan case, to which I refer, I find that there has been a violation of Article 6 paragraph 1 taken together with Article 6 paragraph 3 (c) also in this respect.

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