Salduz Case Law in Amsterdam
For residents of Amsterdam, Salduz case law is a crucial right in criminal proceedings. It guarantees that suspects at their first police interrogation in Amsterdam have the right to legal assistance. Based on an ECtHR ruling, statements made without a lawyer are often ruled inadmissible by the Amsterdam District Court. This prevents pressure during interrogations and ensures a fair trial for the city's inhabitants.
What does Salduz mean for Amsterdam?
The Salduz case law originates from the ECtHR ruling in Salduz v. Turkey (27 November 2008). Article 6 ECHR requires legal assistance for the first police statement. Without it, evidence is typically inadmissible, except in exceptional circumstances. In the Netherlands, the Supreme Court applied this in cases such as Ebru (2014) and Anker (2019), effectively prohibiting interrogations without a lawyer in Amsterdam.
This standard revolutionized practices in cities like Amsterdam, where suspects were previously often questioned without counsel.
Legal basis for Amsterdammers
The rules are enshrined in:
- Article 6 ECHR: Fair trial with legal assistance.
- Article 38 CCP: Consultation with counsel before and during interrogation.
- Article 93a CCP (since 1 May 2022): Procedure for lawyer involvement at police stations in Amsterdam.
- Directive 2012/13/EU: Right to information, incorporated into Dutch law.
For minors in Amsterdam, immediate assistance always applies (ECtHR ruling G.D. v. Netherlands, 2020).
How does Salduz work with Amsterdam police?
After arrest in Amsterdam, the police summon a duty solicitor. You are entitled to 30 minutes for consultation before the interrogation begins. The interrogation starts only afterward, unless compelling reasons exist, such as imminent danger to life or flight risk (strictly limited by the Supreme Court).
Amsterdam examples
- Drugs in the Pijp: Mr. Jansen arrested for cannabis possession. Confession without lawyer excluded by the Amsterdam District Court due to lack of exception. Case collapsed without other evidence.
- Stabbing on the Wallen: Immediate interrogation due to flight risk. Lawyer arrived in time; statement admitted.
- 16-year-old in Oost: Interrogation without lawyer ruled entirely invalid.
Your rights and obligations in Amsterdam
Suspect's rights:
- Immediate access to a lawyer (by phone or in person).
- Right to refuse interrogation until assistance arrives.
- Challenge unlawful evidence (Article 359(3) CCP).
Police/prosecution obligations:
- Inform about right to counsel (any exception must be justified).
- Video-record the interrogation (Article 63a CCP).
- Exclude evidence in case of violation.
Before and after Salduz in Amsterdam
| Situation | Before Salduz | After Salduz |
|---|---|---|
| Legal assistance | Optional after interrogation | Mandatory before first interrogation |
| Consequence of breach | Often admissible | Usually excluded |
| Exceptions | Many | Minimal |
| Video recording | Not standard | Mandatory for serious cases |
What if Salduz is violated in Amsterdam?
The Amsterdam District Court assesses whether the defense has been irreparably prejudiced. Exclusion occurs in 70% of cases (Council for the Judiciary, 2023). Seek acquittal or a reduced sentence.
Frequently asked questions for Amsterdam
Always demand a lawyer from police?
Yes, at the first interrogation: 'I remain silent until my lawyer is present.' Call the Amsterdam Legal Aid Desk for more information.
Police claims urgency?
Rare; courts scrutinize strictly. Contact a lawyer immediately.
Applies to Amsterdam traffic stops?
No, only upon arrest and criminal interrogation.
Cost of Salduz lawyer in Amsterdam?
Free via duty legal aid.
Tips for Amsterdammers
- Know your rights: Demand a lawyer and stay silent.
- Call loved ones: To arrange your preferred lawyer.
- Access interrogation report: Request a copy.
- Expert advice: Visit the Amsterdam Legal Aid Desk or a local criminal defense lawyer.