Dans une telle hypothèse, la présence du bâtonnier est considérée comme une garantie spéciale de procédure ( Xavier Da Silvera, précité, § 41).

Les caractéristiques techniques indiquées dans les annexes mentionnées comme constitutives de la convention sont la présence d'un onduleur de marque SIEMENS de 160 kV SINVERT.

Par des mémoires, enregistrés le 25 janvier 2024 et le 1er mars 2024, la société Blanloeil, représentée par Me Siebert, demande à la cour d'infirmer le jugement attaqué en ce qu'il l'a condamnée, de rejeter

It was found that, despite the fact that the applicant had been informed at the beginning of his trial of his right to remain silent and that all his earlier statements could not be used as evidence against

  The Court noted that the decisions of the domestic courts were almost completely silent on the question whether the applicant was personally and directly implicated in the events of Mazie Bati.

        The Commission recalls that the Court has confirmed that Article 5 para. 1 (a) (Art. 5-1-a) which is silent as to the permissible forms of legal machinery whereby

The right not to incriminate oneself is primarily concerned, however, with respecting the will of an accused person to remain silent in the context of criminal proceedings and the use made of compulsorily

However, he chose to remain silent. It follows that the applicant has failed to exhaust domestic remedies under Article 26 (Art. 26) of the Convention.

The court remained silent about the applicant’s handcuffing during the pronouncement of the judgment.

The right served to ensure that statements are made freely, with the knowledge of the right to remain silent, without threats and promises, violence or abuse.

In each case, after that statement, an arrest record was drawn up, the applicant received status of a criminal suspect and was informed of all his rights, including the right to remain silent, the right

However, at the next hearing, held on 23 January 2009, he invoked his right to remain silent. On 23 January 2009 the trial court heard seven witnesses.

But his application form is silent on that point. In it, he stated that there was no proof in the domestic file that the High Court’s decision of 14 December 2011 had been sent to him.

Do not be silent! Do not surrender!’ Those calls are addressed to the Crimean residents to incite them to commit unlawful actions.” 4.

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

Nevertheless, the domestic courts’ judgments remained silent in respect of the arguments raised by the applicant newspaper in that respect.

According to the applicant, following his arrest, the Security Service officers did not inform his relatives about the applicant’s and his son’s detention, did not explain the applicant his right to remain silent

  It appears that from that moment the applicant chose to remain silent until the end of the trial.

Moreover, the applicant had used his right to remain silent during the investigation and had not participated in any investigating actions such as cross examinations.