It's not a matter of placing burden at all. They will most likely accept the determination of the police that she wasn't a formal suspect based on the principles of law in the Italian system for investigating a murder.
To the extent they do weigh in subjectively, they will probably notice that AK, by her own testimony, was asked to leave the precinct that night, and that the police didn't want to talk to her. They will also note that the police didn't have much reason to formally suspect her of actual involvement until she made a statement that both put herself at the scene of the crime and falsely accused another man of murder. If they were to further speculate she was coerced, they will note she never filed charges of coercion or being struck. Lastly, they will see that she voluntarily corroborated her own callunia while not being questioned.
I doubt very much this will all be waved away because the ECHR makes a highly subjective determination that in the fluid course of her questioning that night the police should have made an instantaneous decision she was a culprit, not a witness.
I understand your arguments, I just think they're wishful at best, delusional at worst.
griffin,
I added emphasis (bolding and highlighting) to your statement "the police didn't want to talk to her".
If that statement were true, why would Giobbi have testified in court that he had ordered Amanda Knox and Raffaele Sollecito to be picked up and interrogated, in a special parallel interrogation not done before in Perugia, the night of Nov. 5/6, 2007?
If that statement were true, why would police have requested that Amanda enter an interrogation room, interrupting her yoga excises and/or studying in the public area of the police station?
If that statement were true, why would so many teams of police be interrogating Amanda during the night, using the tag-team method?
If that statement were true, why would Giobbi have testified in court that Amanda was yelling and crying for help during the interrogation?
By the way, griffin, I am curious about some of your beliefs about the European Convention for Human Rights and the European Court of Human Rights, and how you may have come to such beliefs. Do you, for instance, believe that the purpose of the ECtHR is to accept whatever police or domestic courts claim is true, or do you believe that the ECtHR looks at evidence in order to determine whether claims of violations of rights may be true?
Have you read the Convention or any part of it? You can find the text as a PDF at:
http://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=#n1359128122487_pointer
The case law of the ECtHR is available on HUDOC, a searchable database, but summaries of important cases are provided by the ECtHR; for example:
Guide on Article 6: Right to a Fair Trial (Criminal Limb)
www.echr.coe.int/Documents/Guide_Art_6_criminal_ENG.pdf
Here are some quotes from the Guide on Article 6:
122.
The right to remain silent applies from the point at which the suspect is questioned by the police (John Murray v. the United Kingdom, § 45).
125.
Early access to a lawyer is part of the procedural safeguards to which the Court will have particular regard when examining whether a procedure has extinguished the very essence of the privilege against self-incrimination. In order for the right to a fair trial under Article 6 § 1 to remain sufficiently “practical and effective”, access to a lawyer should, as a rule, be provided from the first time a suspect is questioned by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right (Salduz v. Turkey [GC], §§ 54-55).