VAN DE KOLK v. THE NETHERLANDS - 23192/15 (Judgment : Article 6+6-3-c - Right to a fair trial : Third Section Committee)

Dmitry Dedov, President, Alena Poláčková , Jolien Schukking , judges , and Stephen Phillips , Section Registrar ,

. The following day, 20 August 2009, the applicant was interviewed twice, including concerning distribution of child pornography, of which he was suspected. At the beginning of the interview, the applicant stated that he would prefer to have his lawyer present. He was told that this was not possible and the interview was started. The applicant replied to the questions put to him.

"At the hearing on appeal counsel submitted that at the time of the police interviews the suspect had the mental age of a 15 or 16-year old, and also that he was suffering from a brain disorder which may have caused him to have epileptic seizures. Counsel did not submit (medical) data to substantiate that claim.

. The Court of Appeal based its conviction of the applicant on the following evidence:

"2.5. The Supreme Court deduces from the case-law of the European Court of Human Rights (ECHR) that a suspect who finds himself under police arrest may derive from Article 6 of the Convention an entitlement to legal assistance which consists of him being provided with the opportunity to consult a lawyer prior to being interviewed by police about his involvement in a criminal offence. However, the case-law of the ECHR does not allow for the conclusion that a suspect is entitled to have a lawyer present during police interviews.