Auszug aus EGMR, 28.11.2017 - 47079/06

On 7 October 2016 the Vice-President of the Second Section invited the Government to submit further observations, if they so wish, following the judgment in Ibrahim and Others v. the United Kingdom ([GC], nos. 50541/08 and 3 others, ECHR 2016).

The Court does not consider it necessary to examine whether the systematic nature of the restriction on the applicant's right of access to a lawyer was, in itself, sufficient to find a violation of Article 6 §§ 1 and 3 (c) of the Convention, as, in any event, the Government have not offered any compelling reasons for the restriction nor demonstrated that the absence of legal assistance at the initial stage of the investigation did not irretrievably prejudice the applicant's defence rights (Salduz, cited above, § 58; and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, § 274, ECHR 2016) In that respect, the Court notes that in convicting the applicant, the first-instance court relied on his statements to the police.

Auszug aus EGMR, 28.11.2017 - 47079/06

Likewise, the Court of Cassation dealt with this issue in a formalistic manner and failed to remedy this shortcoming (see Bayram Koç v. Turkey, no. 38907/09, 5 September 2017).