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ECHR rules on right to silence

01 September 1994

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In what promises to be an important ruling for campaigners against the Criminal Justice Bill's attacks on the presumption of innocence and the right to silence, the European Commission on Human Rights ruled that the use at Ernest Saunders' trial, of incriminating evidence obtained oppressively substantially impaired his ability to defend himself against the criminal charges facing him. The Commission ruled that Saunders was deprived of a fair hearing within the meaning of Article 6:1 of the European Convention on Human Rights. The case now goes to the European Court whose ruling is not expected until 1996.

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