BRENNAN v. THE UNITED KINGDOM View

Notes

Date	16/10/2001
AppNr	39846/98
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	41; 6-1; 6-3-c
Violated / NonViolated	6-16-3-c6-16-3-c
Citations	235-35-46-16-3-b6-3-c6-3-e813P1-1235-166-16-26-36-3-c6-3-e7131434P7-4

Conclusions:

Costs and expenses award - Convention proceedings
No violation of Art. 6-1
No violation of Art. 6-3-c
No violation of Art. 6-3-c as regards deferral of access to lawyer
No violation of Art. 6-3-c as regards police interviews
Non-pecuniary damage - finding of violation sufficient
Violation of Art. 6-3-c+6-1
Violation of Art. 6-3-c+6-1 as regards presence of police officer during interviews

Keywords:

(art. 6-3) rights of defence
(art. 6-3-c) defence through legal assistance

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2001-X
Language	ENGLISH ; FRENCH
Application Number	39846/98
Importance Level	1
Represented by	N/A
Respondent State	the United Kingdom
Date of Judgment	16/10/2001
Conclusion	No violation of Art. 6-1 and 6-3-c as regards deferral of access to lawyer ; No violation of Art. 6-1 and 6-3-c as regards police interviews ; Violation of Art. 6-3-c+6-1 as regards presence of police officer during interviews ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses award - Convention proceedings
Articles	6-1 ; 6-3-c ; 41
Separate Opinions	No
Law at Issue	Northern Ireland (Emergency Provisions) Act 1991, sections 45(8) and 45(11) Criminal Evidence (Northern Ireland) Order 1988, Article 3
Strasbourg Case Law	Averill v. the United Kingdom, no. 36408/97, [Section 3], ECHR 2000-VI, § 58 ; Edwards v. the United Kingdom judgment of 16 December 1992, Series A no. 247-B, pp. 34-35, § 34 ; Imbrioscia v. Switzerland judgment of 24 November 1993, Series A no. 275, p. 13, § 36 ; James Harpur v. the United Kingdom, no. 33222/96, [Section 3], decision of 14 September 1999 ; John Murray v. the United Kingdom, Reports of Judgments and Decisions 1996-I, 8 February 1996, pp. 54-55, § 63 ; Magee v. the United Kingdom (no. 28135/95, [Section 3], ECHR 2000-VI ; O'Kane v. the United Kingdom, no. 30550/96, [Section 3], decision of 6 July 1999 ; S. v. Switzerland judgment of 28 November 1991, Series A no. 220, p. 16, § 48
External Sources	American Convention on Human Rights, Article 8 Council of Europe Standard Minimum Rules for the Treatment of Prisoners, Article 93 European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, Article 3 § 2 (c)
Keywords	"(Art. 6-3) RIGHTS OF DEFENCE" "(Art. 6-3-c) DEFENCE THROUGH LEGAL ASSISTANCE"

Application Documents 1

2

BRENNAN v. THE UNITED KINGDOM

Court (Third Section) Decision

09/01/2001

References 7

	6 AVERILL v. THE UNITED KINGDOM 6-3-c, 6-1, 6-1, 6-2 Court (Third Section) Judgment (Merits and Just Satisfaction)	06/06/2000
	28 MAGEE v. THE UNITED KINGDOM 6-3-c, 6-1, 6, 14 Court (Third Section) Judgment (Merits and Just Satisfaction)	06/06/2000
	2 HARPER v. THE UNITED KINGDOM Court (Third Section) Decision	14/09/1999
	2 O'KANE v. THE UNITED KINGDOM Court (Third Section) Decision	06/07/1999
	190 IMBRIOSCIA v. SWITZERLAND 6-1, 6-3-c Court (Chamber) Judgment (Merits)	24/11/1993
	255 EDWARDS v. THE UNITED KINGDOM 6 Court (Chamber) Judgment (Merits)	16/12/1992
	22 S. v. SWITZERLAND 6-3-c Court (Chamber) Judgment (Merits and Just Satisfaction)	28/11/1991

Citations Breakdown

1–10 of 32

Citations 32

	BEGU v. ROMANIA 5-3, P1-1 Court (Third Section) Judgment (Merits and Just Satisfaction)	15/03/2011
	1 HOVANESIAN v. BULGARIA 6-3-e, 6-1, 6-3-c, 6-3-e Court (Fifth Section) Judgment (Merits and Just Satisfaction)	21/12/2010
	6 VLADIMIR KRIVONOSOV v. RUSSIA 13, 3, 5-3, 5-4, 6-1, 3, 5-1 Court (First Section) Judgment (Merits and Just Satisfaction)	15/07/2010
	1 ALEKSANDR ZAICHENKO v. RUSSIA 6-1, 6-3-c Court (First Section) Judgment (Merits and Just Satisfaction)	18/02/2010
	2 VERA FERNANDEZ-HUIDOBRO v. SPAIN 6-1, 6-2 Court (Third Section) Judgment (Merits and Just Satisfaction)	06/01/2010
	5 PREVITI c. ITALIE Court (Second Section) Decision	08/12/2009
	2 KURALIC v. CROATIA 6-1, 6-3 Court (First Section) Judgment (Merits)	15/10/2009
	12 PISHCHALNIKOV v. RUSSIA 6-1, 6-3-c Court (First Section) Judgment (Merits and Just Satisfaction)	24/09/2009
	1 TAGAC AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	07/07/2009
	RYBACKI v. POLAND Court (Fourth Section) Judgment (Merits and Just Satisfaction)	13/01/2009

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