Report and Recommendations - Scottish Government

lawyer at that stage, although the right did arise once a judge opened a pre trialjudicial investigation 19 . In many countries, there is a technical right of accessto a lawyer from the moment of arrest. But in many of these, includingGermany, Hungary and Turkey, the absence of effective provision of freelegal aid at that stage means that such access is rarely achieved. Similarconsiderations apply in Italy, where the right to access can even be delayed atthe instance of the prosecutor or the court.Convention and European Union6.1.10 In both Salduz and Cadder, there was some limited discussion of the exactpoint when the right of access to a lawyer arose. It was not made at all clear inthe judgments just when this was. Some dicta stated that the right arose whena suspect is detained for questioning, but others suggested that the right wasconnected to the questioning itself, regardless of whether the suspect had beendetained.6.1.11 More recently, it has been affirmed by the European Court that the right ofaccess to a lawyer is not confined to cases where a suspect is to be interviewed.Although, in Article 6 terms, it might have been thought that access to alawyer could only have a bearing on trial fairness if such access were deniedin advance of interview, it is clear that this is not the position. In Dayanan theapplicant had been arrested on charges that he belonged to Hizbullah. He hadbeen arrested, advised of his right to remain silent and had remained silent19 ibid at 300146