International standards on the right to legal protection and assistance to criminal suspects, defendants and defendants 1. The right to personal protection 1.1 The standards of the Convention and the Covenant Article 6, para. 3c of the Convention, as well as Art. 14, para. 3d of the Covenant guarantees two main types of legal protection in criminal proceedings - either by the accused / defendant or through counsel. In turn, the second type of defense counsel may be exercised by a defendant / defendant's defense counsel, by one appointed under certain conditions, or by a combination of a committed and assigned defense counsel. The current ECtHR practice on the right to personal protection seems more restrictive than that of the HRC. This is most clearly seen in the case of Korea de Matus v. Portugal, heard by both the Court and the Committee. It alleges a refusal, upheld at several court levels, that the applicant, a qualified auditor and a lawyer, defend himself against a charge of insulting a judge. Instead, the trial court appointed him a lawyer he did not trust against his will. The ECtHR declares the appeal manifestly inadmissible and considers that the decision to allow the defendant, even when he is a lawyer, to defend himself or through a lawyer, is within the discretion of the Member States which are best placed to consider whether this is required by the interests of justice. Following the ECtHR ruling, the case was referred to the HRC. The Committee, contrary to the ECtHR, decides the case in favor of Matus. Above all, he finds it unacceptable and potentially prejudicial to the defendant's interest in appointing a lawyer whom he does not trust. And while in some cases the appointment of a defense counsel against the will of the defendant, such an act, which leads to a restriction on his right to defend himself in person, may be justified by an objective and sufficiently serious purpose. In the Committee's view, there is no such justification in the present case. The Committee takes into account, inter alia, the relatively trivial nature of the offense and the qualification of the defendant. 1.2 Right to participate in the proceedings at first instance The right to personal protection is inextricably linked to the defendant's right to participate in the proceedings at all stages and stages. 1.3 Right to participate in appeal proceedings The states' positive obligations to secure personal and defendant defendants are different and at different stages of the judicial phase from criminal proceedings. They are stronger at first instance when considering both factual and legal issues. 1.4 Restrictions on the use of arguments in defense 2. The right to legal protection and assistance from a lawyer of his choice 2.1 Importance of law and limits The right to legal protection and assistance from a lawyer of his choice includes the ability of the accused / defendant to engage a defense lawyer on his own behalf or on behalf of his relatives to participate in the proceedings on his / her behalf. In European countries, the advocate is most often the person practicing law, although he / she may be in another lick. The emphasis on legal assistance presupposes that the defense counsel is sufficiently legally qualified to participate effectively in the specific proceedings. 2.2 Ability to restrict access to legal assistance after detention. 2.3 Significance of detention 2.4 Refusal of a lawyer
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