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On March 13th 2010, S.C is placed in police custody in Liege and interrogated by police officers on a murder charge. She is not allowed to receive any legal assistance from a lawyer. On March 14th 2010, the applicant is interrogated by an investigating judge of the tribunal without any legal assistance. Belgium law didn’t authorize suspect in custody to receive any legal assistance at this stage of the investigation.
On June 3rd 2010, the investigation chamber of the appeal court of Liege refused to suppress transcripts of these interrogations.
On December 3rd 2010, the applicant submitted his case to the European Court of Human Rights arguing that lack of legal assistance in custody was a violation of articles 5-1, 6-1 and 6-3 of the Convention. The applicant is represented by 3 lawyers of Defenso, Mr. Marc Neve, Ms. Sandra Berbuto and Ms. Estelle Berthe. On May 4th 2011, the application was communicated to the agent of the Belgium government with questions to be answered within 16 weeks.
On February 3rd 2003, an investigation was opened on an armed robbery committed in a jewelry store in Courchevel (France). On January 12th 2004, the French investigating judge requested by letters rogatory that Mr. Boban Stojkovic detained in Bruges (Belgium), be interrogated in presence of his lawyer (art. 113-3 of the code of penal instruction) on his alleged involvement in the armed robbery.
On March 11th and 12th 2004, the applicant was interrogated by Belgium police officers in the presence of the French investigating judge and a French district attorney. The applicant immediately requested the assistance of a lawyer but no lawyer was appointed to him until.. November 2th 2004.
On February 1st 2007, the applicant was formally charged for the armed robbery. On May 9th 2007, the appeal court of Chambery rejected his motion to suppress the transcript of his interrogation of 2004. On November 20th 2007, the supreme court , dismissed his appeal no 07-86503. On December 3rd 2008, the applicant was sentenced to 6 years in jail.
On May 16th 2008, the applicant filed his case with the E.C.H.R arguing a violation of article 6-3-c of the Convention., due to the lack of assistance of a lawyer during his interrogation in 2004. The applicant is represented by Me Michel Jugnet.
On December 2th 2009, the case was communicated to the French Republic with questions in reference to the judgment Salduz v. Turkey (no 36391/02). The agents for the French, Belgium and Serbian States were given the deadline of April 2th 2010 to submit their answers.
Update :
On October 27th 2011, the Court found a violation of articles 6-1 and 6-3-c) of the Convention and condemned the French Republic to pay €5,000 of damages to the applicant.
European Court of Human Rights News 