Torturkomiteen henstillede i 2008 blandt andet til, at de danske myndigheder
gennemfører elektronisk lydoptagelse af politiafhøringer

  

Af advokat Claus Bonnez, formand for Landsforeningen KRIM

26. december 2009

Den 25. september 2008 offentliggjorde Den europæiske torturkomite (the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)) en rapport over sit besøg i Danmark i perioden fra den 11. til den 20. februar 2008.

Det fremgår blandt andet, at CPT finder det kritisabelt, at det danske politi i nogle tilfælde forsøger at fraråde personer, der skal afhøres af politiet, at lade en advokat tilkalde, idet den anholdte kan blive pålagt at betale udgiften til advokaten som sagsomkostninger. CPT henstiller til, at politiet på det strengeste mindes om, at de ikke skal forsøge at overtale anholdte personer til ikke at udnytte deres ret til advokatbistand.

Af præmis 17 i rapporten udtales nærmere: 
 
 

17. Concerning the right of access to a lawyer,15 a number of detained persons met during the visit indicated that they had not been expressly informed of this right and that their requests to contact a lawyer and have him present during questioning had been ignored. Some allegations were again heard of police officers trying to dissuade detained persons from exercising their right to a lawyer, by stating that this was only necessary in the case of serious offences and/or by stressing the potential liability concerning legal costs. The majority of the detained persons interviewed by the delegation indicated that the first time they had met a lawyer was in court, when the application of the measure of remand custody was being decided.

As regards in particular persons detained under the Aliens Act, the delegation interviewed a number who had been detained in accordance with Section 37 of that Act (i.e. under the sole authority of the police for up to 72 hours) and who complained that they had not been placed in a position to consult a lawyer. In fact, pursuant to that section, a foreign national should be assigned a lawyer only when first brought before the court.

The CPT reiterates its recommendations that:

- steps be taken to ensure that the right of all detained persons to have access to a lawyer is fully effective as from the very outset of custody;

- persons detained under the Aliens Act be guaranteed a right of access to a lawyer as from the very outset of their custody;

- police officers be firmly reminded that they should not seek to dissuade detained persons from exercising their right of access to a lawyer.

 

 
 
  15 This right is laid down in Section 730 of the Administration of Justice Act and further spelt out in the Ministry of Justice Circular of 12 June 2001. It involves, inter alia, the rights to have the lawyer present during questioning and to consult with the lawyer in private.