The development of ECtHR's jurisprudence regarding the right to legal assistance went in the way of extending the rights of suspects for many years. The landmark case is case of Salduz. In Sal-duz judgement the Court stated that Article 6(1) requires that access to a lawyer should be provid-ed from the first interrogation of a suspect. If incriminating statements during police interviews (without access to a lawyer) are used for a conviction, the Court will find a violation of Article 6(3)(c) in conjunction with Article 6(1). ECtHR decides for a different approach in Ibrahim case. Here the Court sets up a new double test under the guise of interpreting Salduz judgement. The Court relinquishes the level of protection from earlier well-established case law. Furthermore, the new double test leaves too much discretion to the States regarding limitations of the right to legal assistance.
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