For those who doubt the eventual judgment of the ECHR in Amanda Knox's application against Italy for her calunnia conviction, there is an ECHR press release:
Amanda Knox was not provided with a lawyer during her interrogation of Nov. 5/6, 2007 nor was she provided with a lawyer during the period when she was taken into custody, Nov. 6 through Nov. 8, 2007, until the time she was present at the hearing where her arrest was reviewed before a magistrate or judge. These are relevant parallels to the A. T. v Luxemburg case cited. The calunnia case conviction rests on statements made by Knox during her coercive interrogation and subsequent custody. The plain English meaning of the statements made while she was in custody was to cast doubt on the reliability of the statements attributed to her from the interrogation.
The Court clarifies the scope of the right to effective legal assistance
in criminal proceedings
In today’s Chamber judgment1 in the case of A.T. v. Luxembourg (application no. 30460/13) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 6 § 3 (c) (right to assistance of counsel) of the European Convention on Human Rights taken together with Article 6 § 1 (right to a fair trial) on account of a failure to provide legal assistance during a police interview,
no violation of Article 6 § 3 (c) taken together with Article 6 § 1 as regards the lack of access to the case file prior to the applicant’s first appearance before the investigating judge, and
a violation of Article 6 § 3 (c) taken together with Article 6 § 1 on account of the lack of communication between the applicant and his lawyer prior to his first appearance before the investigating judge.
The case concerned the failure to provide A.T. with effective legal assistance after he was arrested under a European Arrest Warrant, during both the police interview and his first appearance before the investigating judge.
Amanda Knox was not provided with a lawyer during her interrogation of Nov. 5/6, 2007 nor was she provided with a lawyer during the period when she was taken into custody, Nov. 6 through Nov. 8, 2007, until the time she was present at the hearing where her arrest was reviewed before a magistrate or judge. These are relevant parallels to the A. T. v Luxemburg case cited. The calunnia case conviction rests on statements made by Knox during her coercive interrogation and subsequent custody. The plain English meaning of the statements made while she was in custody was to cast doubt on the reliability of the statements attributed to her from the interrogation.
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