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NEWS

Template to request remedies for evidence obtained in violation of the right of access to a lawyer

FairTrialsAdmin - May 28, 2020 - COVID-19 Updates, Guides, Access to a lawyer

Read the story of Pavel, arrested during the COVID-19 crisis and learn how EU law can help him! Pavel's story is fictional but is inspired by similar events that have happened across Europe during the pandemic.

Pavel was arrested for drug-related offenses that he denied. Upon his arrival at the police station, an officer informed him that due to social distance restrictions and the lack of protective equipment for lawyers, he would proceed with the interrogation before Pavel could consult with a lawyer but that he could do so later. When Pavel heard he could face imprisonment, he started to panic and decided to confess hoping to avoid jail, where he feared he may contract COVID-19. During his hearing in front of the investigative judge, the Prosecutor relied on the statements Pavel made in the police station. 

Under EU law, Member States must provide an effective remedy for lack of access to a lawyer during police custody before and during questioning by the police. In our view, this means that statements made by suspects or accused persons, or other evidence obtained in breach of their right to a lawyer should be excluded. 

 

Have you recently experienced a similar challenge? Are you a criminal lawyer whose client has faced the same issues?  

Fair Trials has produced a template based on relevant EU standards to request remedies for evidence obtained in violation of the right of access to a lawyer. 

Download the template here or view the pdf version in your browser here. 

This template is part of a toolkit which aims to equip lawyers with arguments to address the threat to the right to a lawyer as a result of measures adopted in the context of the Covid-19 pandemic. Find out more here.

If you are a journalist interested in this story, please call the media team on +44 (0) 7749 785 932 or email [email protected]

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