Auszug aus EGMR, 16.06.2005 - 74727/01

The Court reiterates at the outset that the requirements of paragraph 3 (c) and (d) of Article 6 are to be seen as particular aspects of the right to a fair trial guaranteed by paragraph 1. For this reason, the Court considers it appropriate to examine the applicant's complaints from the standpoint of paragraph 3 taken together with the principles inherent in paragraph 1 (see, among other authorities, Artico v. Italy, judgment of 13 May 1980, Series A no. 37, p. 15, § 32, and Van Geyseghem v. Belgium [GC], no. 26103/95, § 27, ECHR 1999-I).

Having regard to the purpose of the Convention, which is to protect rights that are practical and effective, the Court has consistently found that, while States cannot be held responsible for every shortcoming on the part of lawyers appointed for legal-aid purposes, it is for the competent authorities to take steps to ensure that, in the particular circumstances of the case, applicants effectively enjoy the right to which they are entitled (see Artico v. Italy, judgment of 13 May 1980, Series A no. 37, p.18, § 36).

Auszug aus EGMR, 16.06.2005 - 74727/01

The Court reiterates that, as a general principle based on the notion of a fair trial, a person charged with a criminal offence who does not wish to defend himself in person must be able to have recourse to legal assistance of his own choosing; if he does not have sufficient means to pay for such assistance, he is entitled under the Convention to be given it free when the interests of justice so require (see Campbell and Fell v. the United Kingdom, judgment of 28 June 1984, Series A no. 80, p. 45, § 99, and Pakelli v. Germany, judgment of 25 April 1983, Series A no. 64, p. 15, § 31).

Auszug aus EGMR, 16.06.2005 - 74727/01

The Court reiterates that, as a general principle based on the notion of a fair trial, a person charged with a criminal offence who does not wish to defend himself in person must be able to have recourse to legal assistance of his own choosing; if he does not have sufficient means to pay for such assistance, he is entitled under the Convention to be given it free when the interests of justice so require (see Campbell and Fell v. the United Kingdom, judgment of 28 June 1984, Series A no. 80, p. 45, § 99, and Pakelli v. Germany, judgment of 25 April 1983, Series A no. 64, p. 15, § 31).

Auszug aus EGMR, 16.06.2005 - 74727/01

The Court reiterates at the outset that the requirements of paragraph 3 (c) and (d) of Article 6 are to be seen as particular aspects of the right to a fair trial guaranteed by paragraph 1. For this reason, the Court considers it appropriate to examine the applicant's complaints from the standpoint of paragraph 3 taken together with the principles inherent in paragraph 1 (see, among other authorities, Artico v. Italy, judgment of 13 May 1980, Series A no. 37, p. 15, § 32, and Van Geyseghem v. Belgium [GC], no. 26103/95, § 27, ECHR 1999-I).

Auszug aus EGMR, 16.06.2005 - 74727/01

As a rule, these rights require that the defendant should be given an adequate and proper opportunity to challenge and question a witness against him either when he was making his statements or at a later stage of the proceedings (see Saïdi v. France, judgment of 20 September 1993, Series A no. 261-C, p. 56, § 43, and A.M. v. Italy, no. 37019/97, § 25, ECHR 1999-IX).