We're not talking about "early on". The question is whether they suspected her after she made the (oral) statements that they then typed up and asked her to sign, because if they did (and they did, see arrest warrant), they should have gotten her a lawyer before they had her sign anything. I maintain that {1} the police can almost never ask someone to sign an incriminating statement without procuring counsel, and then use that statement to convict.
Early on, all of the building residents were suspected due to the keyholder/staging issues, but they were all (except Knox) eliminated as suspects before the questioning on the 5th.
Sort of, but not really. {2} The question is when her procedural rights attached under the ECHR. BTW, I just noticed that in addition to the right to asssistance of counsel, the right to remain silent, and the right to a translator, there is also a recognized right not to be incited.
Again, {3} Italian law doesn't matter. And yes, {4} there are situations where police will be questioning a witness and start to suspect that person. The police can continue questioning that person, but if they do so in the absence of counsel, the ECHR prevents them from using the ensuing statements to convict the person.
You can call it spin, but what we're doing is applying the facts of this case to determinable ECHR law. {5} You don't seem to have satisfactory answers to most of these questions, and you're relying on a gut feeling/hope, which is fine, but not impressive.
Diocletus,
{I've added highlighting and numbers to your quote.}
1. Yes. As I read the ECHR case-law, in order for the police to legally question a suspect (
interrogate to obtain an incriminating statement) without a lawyer, that suspect must be given a lawyer who will explain his/her rights and the consequences of waiving the right to have a lawyer present during interrogation.
2. From ECHR case-law, the right of a suspect - and Amanda and Raffaele were each suspects when he was called to the police station on Nov. 5 - to an attorney would begin at the "first questioning" - which IMO would be when the interrogation starts. The interrogations in this case were clearly planned and structured by the police; they knew they would (in all likelihood) come up with "incriminating" (even if false) statements. Their likely goal was to imprison Amanda and keep her without a lawyer, before the arrival of her mother on Nov. 6.
3. Italian law does, of course, matter. But Italian law, in particular, CPP Article 188 was broken by the police in the interrogations. The Convention and ECHR case-law are also Italian law, by treaty; in rough analogy, the US Constitution is the law for each US State (one difference, the US Constitution is not a treaty between the US States).
4. Yes. So even if Amanda had been being interviewed, and not interrogated, her "incriminating" statement could not be allowed without her having a lawyer present before it was made. There are ECHR law cases where a person is being "interview", makes an incriminating statement "of his/her own free will", is given a lawyer, and continues to support that statement - until they are able to get into a prison away from the police, or into a court room. The person may fear of what will happen if they retract the statement but are still in police custody.
5. The posters who express opinions that ECHR will not accept Amanda's application, or that the ECHR will merely accept the word of the police or some (violated) Italian law concepts in place of the Convention and ECHR case-law never seem to have any ECHR case-law to support their positions. They may not have researched ECHR judgments in similar cases or ECHR Guides.
ETA: For #3, the ECtHR would probably note in their judgment that the Italian police and court actions were contrary to Italian Constitution provisions so-and-so, and Code of Criminal Procedure provisions so-and-so, but then state that
judgment on such matters is not in the ECHR mandate; they will repeat that they are only authorized by the Convention to judge violations of the Convention. That is, the ECtHR is not authorized to hold an CoE State accountable for breaking its own law, only for the consequent violation of the Convention, if any. I have seen this treatment of domestic law violations by domestic authorities in ECHR cases.