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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
Robert Spano, President, Işıl Karakaş, Julia Laffranque, Valeriu Griţco, Stéphanie Mourou-Vikström, Arnfinn Bårdsen, Darian Pavli, judges, and Stanley Naismith, Section Registrar,
B. Relevant case-law of the Constitutional Court regarding the waiver of the right to legal assistance during police custody
The rules and rights in relation to statements provided in Article 135 of the Code of Criminal Procedure [Law no. 1412] were indicated on the appellant's statement record. The fact that the appellant did not wish to benefit from a lawyer is included as a pre-printed phrase on the [applicant's statement].
Nevertheless, after his arrest the appellant submitted in his statements to the public prosecutor on 18 May 2004 that he had had to sign a document according to which he had not wished to benefit from a lawyer and that he had made his statement under physical and psychological pressure and that he denied the content of the statement record and having committed the attributed offences.
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