78.ln light of the above, the Court finds that the lack of provision of an interpreter during
the concerned proceedings did not affect the Applicant's ability to defend himself.
79. The Court consequently dismisses the allegation of violation of Article 7(1 )(c) of the
Charter with regard to the right to be assisted by an interpreter.
b.
The right to have access to a lawyer
80. The Applicant claims that he was not provided with a lawyer during the recording of
his police statement even though he requested one. This position was reiterated
during the public hearing and the Applicant averred that he was detained for nine (9)
days before being informed of his right to a lawyer of his choice, this being contrary
to Article 7(1 )(c) of the Charter.
81. Without challenging the Applicant's allegation that he was not allowed to
communicate with a lawyer during the police interview, the Respondent State avers
that, under Section 54(1) and (2) of its Criminal Procedure Act, "upon request by a
person who is under restraint", the police should facilitate "communication with a
lawyer, a relative or friend of his choice". However, such request may be refused
regarding a relative or friend if the police "believes on reasonable grounds that it is
necessary to prevent the person under restraint from communicating ... for the
purpose of preventing the escape of an accomplice ... or the loss, destruction or
fabrication of evidence relating to the offence".'8
82.ln its oral submissions, the Respondent State asserts that the Applicant was
presented with the opportunity to be represented by a lawyer.
83. The Intervening State contends that persons facing criminal charges must be
provided legal assistance at all times during the proceedings, including at the first
interrogation, and failure to do so violates the right to a fair trial. The Intervening State
supports its contention by referring to the judgment of the European Court of Human
Rights in the matter of Abdulgafur Batmaz v Turkey.'9
Criminal Procedure Act [CAP 20 RE 2002J, Section 54(1) and (2).
Abdu/gafur Batmaz v. Turkey, Applicalion No. 44023/09 Judgmenl (Merits and Just Satisfaction) ECHR (24
May 2016).
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