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EHRM | Meijers Canatan Advocaten | Criminal Law Lawyers Amsterdam

03

Dec
2012

In
Current affairs Commentary
Case Law

By: K. Canatan

Afanasyev against Ukraine

On 03, Dec 2012 | In News, Commentary, Law | By: K. Canatan

After a series of more or less similar judgments of the ECtHR on the right to legal counsel, there is finally another important judgment in the post-Salduz era, ECtHR 15 November 2012, Afanasyev v. Ukraine.

Important for Dutch legal practice, because the ECtHR also recognises the right to legal counsel prior to the arrest of a suspect. In addition, the ECtHR held that violation of Article 6 ECHR on account of the lack of legal assistance may also be complained about for the first time in cassation. The different case law of the Supreme Court on both points no longer seems to have a long life ahead of it.

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