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Salduz Case Law in Delft

Discover Salduz case law for Delft residents: right to a lawyer at first police interrogation before the District Court of The Hague. Protection against invalid evidence. (128 characters)

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Salduz Case Law in Delft

The Salduz case law grants suspects in Delft and surrounding areas the right to legal assistance during their first police interrogation. Based on a ruling by the European Court of Human Rights (ECtHR), this rule ensures that statements made without legal counsel are often inadmissible as evidence in the District Court of The Hague. This protects Delft residents from pressure during interrogations and safeguards a fair trial, particularly relevant for local incidents around the Market Square or TU Delft.

What Does Salduz Case Law Mean for Delft Residents?

The Salduz case law stems from the Salduz v. Turkey judgment by the ECtHR (27 November 2008). The Court held that Article 6 of the ECHR requires a fair trial, including access to a lawyer during the first police interrogation. Without this, a statement is generally inadmissible as evidence, unless compelling reasons justify otherwise.

In the Netherlands, this led to significant changes. The Supreme Court affirmed the principle in cases such as Ebru (2014) and Anker (2019), rendering police interrogations without a lawyer in Delft invalid. For questions, contact the Juridisch Loket Delft for free advice.

Legal Basis for Cases in Delft

The Salduz case law is grounded in:

  • Article 6 ECHR: Right to a fair trial with legal assistance.
  • Article 38 of the Code of Criminal Procedure (CCP): Right to consult a lawyer before and during interrogation.
  • Article 93a CCP (since 1 May 2022): Procedure for lawyer involvement in interrogations in the The Hague region.
  • Directive 2012/13/EU: Right to information, incorporated into Dutch law.

For minors from Delft, immediate assistance is always required, without exception (G.D. v. Netherlands, ECtHR 2020).

How Does Salduz Work with Police in Delft?

Upon arrest in Delft, the police will arrange a duty solicitor. You have a 30-minute right to consultation before the interrogation begins. The interrogation only starts afterward, unless urgent reasons such as imminent danger to life or flight risk apply (strictly limited by the Supreme Court). The Municipality of Delft and local police comply with this.

Practical Examples from Delft

  1. Example 1: Drugs in the City Center. Mr. Jansen is arrested at the Market Square for drugs. He confesses without a lawyer. The judge at the District Court of The Hague excludes the statement due to a Salduz violation; the case collapses without other evidence.
  2. Example 2: Stabbing Near TU Delft. In an incident, police seek urgent interrogation due to flight risk. The lawyer arrives in time; the statement is admissible.
  3. Example 3: Youth from Delft-Noord. A 16-year-old interrogated without a lawyer: entirely invalid.

Rights and Obligations under Salduz in Delft

Suspect's rights:

  • Immediate access to a lawyer (by phone or in person).
  • Right to refuse interrogation until assistance is provided.
  • Challenge unlawful evidence (Article 359(3) CCP).

Obligations of police/prosecution:

  • Inform about the right to a lawyer (exceptions must be justified).
  • Video-record the interrogation (Article 63a CCP).
  • In case of violation: exclude the evidence.

Comparison Before and After Salduz

Situation Before Salduz (pre-2010) After Salduz (from 2018)
Legal assistance Only on request after interrogation Mandatory before first interrogation
Consequences of violation Often still admissible Usually excluded
Exceptions Broadly applied Strictly limited
Video recording Not standard Mandatory for serious cases

What If Salduz Is Violated in Delft?

Judges at the District Court of The Hague assess whether the violation prejudiced the defense. Exclusion follows in about 70% of cases (Judicial Council, 2023). Request acquittal or sentence reduction through your lawyer.

Frequently Asked Questions for Delft Residents

Do I always need to demand a lawyer from police in Delft?

Yes, for the first interrogation. Say: 'I remain silent until my lawyer is present.' More info in our article on police interrogations.

What if police claim urgency?

Exceptions are rare and strictly reviewed by the District Court of The Hague. Call the Juridisch Loket Delft.

Does Salduz apply to traffic stops in Delft?

No, only for arrests in criminal cases.

Cost of Salduz lawyer in the Delft area?

First assistance is free via duty legal aid.

Tips for Delft Residents

  • Know your rights: Demand a lawyer immediately and stay silent.
  • Call family: Have them contact your preferred lawyer.
  • Access to record: Request the interrogation transcript.
  • Consult an expert: In case of suspicion in Delft: visit Juridisch Loket Delft or the District Court of The Hague.