ECHR; Ümit Diriöz Turkey (No: 38560/04)

The fact that the prosecutor stood on a raised platform in the courtroom did not infringe the principle of equality of arms.
In today’s Chamber judgment in the case Diriöz v. Turkey (application no. 38560/04), which is not final1, the European Court of Human Rights held, unanimously, that there had been:
No violation of Article 6 §§ 1 and 3 (c) of the European Convention on Human Rights.
The case concerned the complaint by an accused that there had been an infringement of the principle of equality of arms in so far as the prosecutor stood on a raised platform whereas he and his lawyer had been placed, as was the rule, at a lower level in the courtroom. The Court considered that whilst this conferred a privileged physical position on the prosecutor in the courtroom, it did not place the accused in a disadvantageous position regarding the defence of his interests. The Court also reiterated that neither the letter nor the spirit of Article 6 of the Convention prevented a person from waiving of his or her own free will the right to legal assistance during police custody.

Principal facts
The applicant, Ümit Diriöz, is a Turkish national who was born in 1977 and is currently being held in Bayrampaşa Prison in Istanbul (Turkey). On 9 September 2000, during an altercation between several individuals, he fired a pistol several times. Four people were injured and a fifth, who had had nothing to do with the altercation, was hit by a stray bullet and subsequently died. On 12 October 2000 the public prosecutor issued an arrest warrant against Mr Diriöz, who had fled.
On 14 January 2001 Mr Diriöz was arrested while in possession of a forged identity card and placed in police custody. The custody report signed on that day indicated that he had been informed, among other things, of his right to legal assistance. In his statement drawn up on 16 January 2001 Mr Diriöz ticked the box “I do not wish to be assisted by a lawyer”.

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LAWFUL ARREST OR DETENTION

Publication: A 148 Title: Ciulla v. Italy Application No: 11152/84
Referred by: Commission
Date of reference by Commission: 15-07-1987
Date of Judgment: 22-02-1989
Summary:
Mr. Ciulla was prosecuted between 1982 and 1986 for various drug offences. On 8 May 1984, during separate, but parallel "preventive" proceedings the Milan District Court, having regard to the fact that the applicant might abscond, ordered his arrest and detention pending a decision on an application for a compulsory residence order. When the District Court granted that application on 24 May, his detention immediately ended; the next day, the police took him to the place appointed for his compulsory residence.

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