Information Note on the Court’s case-law No.
May 1991
Quaranta v. Switzerland - 12744/87
Judgment 24.5.1991
Article 6
Article 6-3-c
Free legal assistance
Refusal of the president of a criminal court to accord free legal assistance to an accused during the investigation and at the trial: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 3 (C) OF THE CONVENTION
Two conditions are attached to right to free legal assistance – first, lack of "sufficient means to pay for legal assistance", not in dispute in present case – various criteria used by Court to examine second, "interests of justice":
– seriousness of offence and severity of sentence risked: applicant charged with use of and traffic in drugs; risked sentence of up to three years' imprisonment;
– complexity of the case: establishment of the facts did not raise special difficulties but outcome of trial was of considerable importance for the applicant – offence committed during probationary period – participation of a lawyer would have created the best conditions for the accused's defence;
– personal situation of applicant: young adult of foreign origin and from an underprivileged background, with no real occupational training and a long criminal record, he took drugs and at the material time was living on social security benefit.
His appearance in person before investigating judge and then before criminal court did not enable him to present his case in an adequate manner.
Defect not cured either in Criminal Court of Cassation or in Federal Court, because of limits on scope of review carried out by those courts.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Damage
Pecuniary damage: no causal connection with breach found – claim dismissed.
Non-pecuniary damage: sum awarded.
B.Costs and expenses incurred in Court of Criminal Cassation and before Convention organs: reimbursed.
Conclusion: respondent State to pay to the applicant specified sums for non-pecuniary damage and for costs (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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