Post by account_disabled on Dec 30, 2023 23:22:45 GMT -7
Apoints April . He also reminded that lawyers benefit from exclusive rights and privileges which may vary from one jurisdiction to another The Court thus recognized lawyers a certain leeway regarding the statements they make before the courts Casado Coca v. Spain February point series A no. A and Steur v. the Netherlands no. . point ECHR XI. These principles must be applied all the more when it comes to recognizing lawyers right to practice their profession protected from any ill treatment.
The Court notes that the police therefore have the obligation to respect Country Email List the role of lawyers not to intervene unjustifiably in their activity nor subject them to any form of intimidation or coercion see above points and and art. of the European Code of Police Ethics and its statement of reasons and therefore to illtreatment of any kind. This obligation must apply all the more to ensure the protection of lawyers acting in their official capacity against illtreatment. . He therefore considers that the principle reiterated in the Bouyid.
Case cited above regarding the burden of proof of what happened in the police station applies in this case and that the burden of proof rested with the authorities. . The applicant presented both before the national authorities and before the Court a medical certificate dated July and a medicolegal certificate dated July attesting that he suffered a sprain of and days of medical care above pt. and see a contrario Qelik v. Turkey no. no. . point January . However the Government did not present any element that casts doubt on the version that the applicant constantly presented namely that the policeman twisted the ring finger on his left hand where he was holding the mobile phone indeed although the policeman.
The Court notes that the police therefore have the obligation to respect Country Email List the role of lawyers not to intervene unjustifiably in their activity nor subject them to any form of intimidation or coercion see above points and and art. of the European Code of Police Ethics and its statement of reasons and therefore to illtreatment of any kind. This obligation must apply all the more to ensure the protection of lawyers acting in their official capacity against illtreatment. . He therefore considers that the principle reiterated in the Bouyid.
Case cited above regarding the burden of proof of what happened in the police station applies in this case and that the burden of proof rested with the authorities. . The applicant presented both before the national authorities and before the Court a medical certificate dated July and a medicolegal certificate dated July attesting that he suffered a sprain of and days of medical care above pt. and see a contrario Qelik v. Turkey no. no. . point January . However the Government did not present any element that casts doubt on the version that the applicant constantly presented namely that the policeman twisted the ring finger on his left hand where he was holding the mobile phone indeed although the policeman.