The Court notes that the applicant was not told that he had a right to remain silent.

A, représenté par Me Sillères, conclut au rejet de la requête et à la condamnation de la commune de Clarensac à lui verser la somme de 2000 euros sur le fondement de l'article L.761-1 du code de justice

Neither the applicant nor his legal representatives sought to bring his hearing difficulties to the attention of the trial judge - counsel chose for tactical reasons to remain silent about the problem

The Government had failed to justify that omission in their written observations and had remained silent even after the applicants had explicitly reproached them on that account at the public hearing on

Prior to his formal arrest and prior to being advised of the rights to a lawyer and to remain silent, the applicant made a certain number of statements documenting his “voluntarily surrender” of drugs

The applicant made a written submission to the Constitutional Court, which allegedly remained silent in respect of the applicant’s arguments.

;   taking into account the circumstances of the investigation, in particular the interviews of 19 and 20 May 2016 and the subsequent gathering of evidence, was the applicant’s right to remain silent

The court found that the self-incriminating declarations could not be admitted as evidence in trial as the applicant had not been notified of his right to a lawyer and his right to remain silent.

The courts remained silent as to why the statements made at a hearing by the witnesses proposed by the applicant were not taken into account.

Composition du tribunal lors des débats et du délibéré : Président : THOMAS Emmanuel Juges : SCHILDKNECHT Stéphane, MEUNIER Sébastien, LAMOTTE Sylvain BOUCQ Silvère Assistés lors des débats par Me Valérie

Siffert

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(b) Taking into account the circumstances of the applicant’s interview on 25 October 2009, was her right to remain silent and not to incriminate herself respected?

It was therefore his right to remain silent.

At the beginning of each interrogation the applicant was reminded by the police investigators of her right to remain silent.

Siebert, conseiller, pour exercer les pouvoirs qui lui sont attribués par l’article L. 922-2 du code de l'entrée et du séjour des étrangers et du droit d'asile.