whether he or she is allowed to be represented by a lawyer of their own
choosing.43
104. The Court considers that, “effective assistance of counsel” comprises two
aspects.44 First, defence counsel should not be restricted in the exercise of
representing his client. Second, counsel should not deprive a client of
effective assistance by failing to provide competent representation that is
adequate to ensure a fair trial or, more broadly, a just outcome.45
105. The Court has previously held that a State cannot be held responsible for
every shortcoming on the part of a lawyer appointed for legal aid purposes.
The quality of the defence provided is essentially a matter between the client
and his representative and the State should intervene only where the
lawyer’s manifest failure to provide effective representation is brought to its
attention.46
106. This Court notes, with regard to effective legal representation through a free
legal assistance scheme, that it is not sufficient for a State to simply provide
a legal representative. States must also ensure that those who provide
assistance have enough time and facilities to prepare an adequate defence,
and to provide robust representation at all stages of the legal process
starting from the arrest of the individual for whom such representation is
being provided.
107. In the instant case, the Court notes that during the arraignment, the High
Court granted the prayer by the Applicant’s Counsel, Advocate Alli Chamani
to assign different counsel to the Applicant and the co-accused, after
discovering a conflict of interest between two accused brothers. The
Applicant was therefore represented by Advocate Alli Chamani during the
43
ECHR, Lagerblom v. Sweden (2003) App No. 26891/95, §§ 54-56.
HRI/GEN/1/Rev.9 (Vol. I) page 256, §§, 333-335.
45 ECHR, Strickland v. Washington, 466 U.S. 668 336; 686 (1984), 336; Lafler v. Cooper, 566. No 10209 slip. op. (2012) (erroneous advice during plea bargaining).
46 ECHR, Vamvakas v. Greece (no. 2), 2870/11, § 36; Czekalla v. Portugal, §§ 65 and 71; Czekalla v.
Portugal, App. No. 38830/97, ECHR 2002-VIII).
44
29