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CASE OF SEYFETTİN GÜNEŞ v. TURKEYJOINT CONCURRING OPINION OF JUDGES LEMMENS AND SPANO

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Document date: November 17, 2015

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CASE OF SEYFETTİN GÜNEŞ v. TURKEYJOINT CONCURRING OPINION OF JUDGES LEMMENS AND SPANO

Doc ref:ECHR ID:

Document date: November 17, 2015

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JOINT CONCURRING OPINION OF JUDGES LEMMENS AND SPANO

We agree with the Court ’ s finding of a violation of Article 6 § 3 (c) of the Convention, in conjunction with Article 6 § 1, on account of the lack of legal assistance afforded to the applicant while in police custody. However, in the light of the reasoning provided in Judge Spano ’ s dissenting opinion in the case of Aras v. Turkey , no. 15065/07, 18 November 2014, in which he was joined by Judge Lemmens, and also in our joint concurring opinion in the case of Galip Doğru v. Turkey , no. 36001/06, 28 April 2015, we consider that paragraph 54 of the judgment should have explicitly mentioned that the applicant ’ s incriminating statements, given during police questioning in the absence of legal assistance, were directly relied upon by the Assize Court when the applicant was convicted (see paragraph 19 of the judgment) .

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