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Salduz Case Law in Rijswijk

Salduz case law protects Rijswijk residents: lawyer mandatory at first police interrogation. Evidence without it inadmissible at District Court Rijswijk. Know your rights!

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Salduz Case Law in Rijswijk

For residents of Rijswijk, Salduz case law is a key concept in criminal law. This rule, based on an ECtHR judgment, requires the assistance of a lawyer during the first police interrogation. Without it, evidence obtained may be declared inadmissible at the District Court of Rijswijk, putting pressure on police practices and safeguarding a fair trial for suspects from Rijswijk and surrounding areas.

What does Salduz case law mean for Rijswijk?

The Salduz case law stems from the ECtHR judgment Salduz v. Turkey (27 November 2008). Article 6 ECHR requires that suspects in Rijswijk receive legal assistance at their first police interrogation. If this assistance is absent, the statement is usually not admissible as evidence, except in exceptional circumstances.

In the Netherlands, this led to change: the Supreme Court confirmed it in cases such as Ebru (2014) and Anker (2019). At the District Court of Rijswijk, interrogations without a lawyer are now often excluded, which has significant local impact on criminal cases.

Legal basis in Rijswijk

The Salduz case law is grounded in:

  • Article 6 ECHR: Guarantee of a fair trial with legal assistance.
  • Article 38 CCP: Right to counsel before and during interrogation.
  • Article 93a CCP (since 1 May 2022): Procedure for engaging a lawyer during interrogations.
  • Directive 2012/13/EU: Right to information, incorporated into Dutch rules.

For minors from Rijswijk, there is an absolute right to immediate assistance (ECtHR judgment G.D. v. Netherlands, 2020).

How does Salduz work in practice locally?

After arrest in Rijswijk, the police call in a duty solicitor. Suspects get 30 minutes for consultation. The interrogation only starts afterward, unless there are compelling reasons such as imminent danger to life or flight risk (strictly reviewed by the Supreme Court and District Court of Rijswijk).

Practical examples from Rijswijk

  1. Example 1: Drugs case in Rijswijk. Mr. Jansen from Rijswijk confesses to drug possession without a lawyer. The District Court of Rijswijk excludes this evidence due to Salduz violation; the case collapses without alternative proof.
  2. Example 2: Violence in Rijswijk. After a stabbing incident on Laan van 's-Gravenhage, flight risk is high. Lawyer arrives within 30 minutes; statement remains valid.
  3. Example 3: Minor in Rijswijk. A 16-year-old from Rijswijk interrogated without a lawyer: always inadmissible, no exceptions.

Rights and obligations under Salduz in Rijswijk

Suspect's rights:

  • Immediate consultation with a lawyer (by phone or in person).
  • Refuse interrogation until assistance arrives.
  • Challenge unlawful evidence (art. 359(3) CCP).

Obligations of police and prosecution:

  • Inform about right to counsel (exception: in writing).
  • Video-record the interrogation (art. 63a CCP).
  • In case of violation: exclude the evidence.

Comparison before and after Salduz

Situation Before Salduz After Salduz
Legal assistance Optional after interrogation Mandatory before first interrogation
Consequence of violation Evidence often admitted Usually excluded
Exceptions Considerable leeway Very strictly limited
Video interrogation Not standard Mandatory for serious offenses

Impact of Salduz violations at District Court Rijswijk

Judges at the District Court of Rijswijk assess whether the violation irreparably prejudices the defense. In about 70% of cases, exclusion follows (Judicial Council, 2023). This can lead to acquittal or reduced sentence.

Frequently asked questions for Rijswijk

Do I always need to demand a lawyer in Rijswijk?

Yes, at the first interrogation. Say: 'I remain silent until my lawyer is here.' Contact Het Juridisch Loket Rijswijk for more information.

What if police claim urgency?

Exceptions are rare and strictly scrutinized by the court. Always call a lawyer or Het Juridisch Loket Rijswijk.

Does Salduz apply to traffic stops in Rijswijk?

No, only to arrests for criminal interrogations, not simple stops.

Cost of Salduz lawyer in Rijswijk?

First assistance is free via duty legal aid.

Tips for Rijswijk residents

  • Know your rights: Demand a lawyer immediately and stay silent.
  • Call family: Have them arrange a trusted lawyer.
  • Access to interrogation: Request the report from the police.
  • Seek local advice: For questions: Het Juridisch Loket Rijswijk or Municipality of Rijswijk for referrals.