Salduz

Salduz guarantees suspects the right to a lawyer during police interrogations. This right stems from an important ruling by the European Court of Human Rights (ECHR) in 2008. That ruling had major consequences for criminal law across Europe, including in Belgium.

Yusuf Salduz, a minor from Turkey, was arrested in 2001 on suspicion of participating in an illegal demonstration. He was interrogated by the police without a lawyer present. During that interrogation, he confessed to the facts. He later retracted that confession, claiming that he had been pressurised and physically assaulted by the police. Yet he was convicted on the basis of his initial statements.

The European Court of Human Rights ruled that this violated the right to a fair trial (Article 6 ECHR). The Court stated that a suspect has the right to legal counsel from the first interrogation. This means that the police cannot simply interrogate someone without allowing that person to speak to a lawyer first, as this would jeopardise their right to defence.

The Salduz ruling had a major impact on the Belgian legal system. The introduction of the Salduz Act in 2011 and the Salduz bis in 2016 entrenched the rights of suspects prior to and during interrogation. This means:

• Right to a confidential prior consultation with the lawyer: A suspect must be informed of his right to legal representation and cannot be interrogated without that explanation. That is, the suspect is free to talk about the case with the lawyer without anyone watching or listening. A suspect is entitled to a prior confidential consultation with the lawyer within the 2 hours, which may also be by telephone.
• Assistance during interrogation: A lawyer may be present and intervene during the police interrogation to guard the suspect's rights. This is because a lawyer knows well what is allowed and what is not allowed during police interrogation.

A suspect can appoint his own chosen lawyer or get a lawyer through Salduzweb.

An adult suspect can waive that right, if they themselves feel they do not need a lawyer. However, a consultation is always useful. A lawyer helps, in any case, make a structured coherent statement, protects against any pressure from the police and checks that they are complying. A lawyer may intervene when rights are violated and may interrupt the interrogation once for an additional confidential consultation. Minor suspects cannot waive this right, whatever the facts.

Salduz protects suspects from unfair interrogations and coerced confessions. It helps prevent abuse by authorities and ensures that criminal cases are fair. Thanks to these rules, defendants get a better defence and there is less chance of wrongful convictions. This is essential for a just society where everyone gets a fair trial.

Anyone arrested by the police or a judicial authority in Belgium is entitled through Salduz to legal assistance from the moment of their arrest or detention.

Police divide interrogations into different categories, which comes with different rights:

• Category 4: For a crime suspect deprived of liberty. One is entitled to a confidential consultation before the first interrogation (or an interruption additional consultation during the interrogation) and the assistance of a lawyer (through Salduzweb or preferred lawyer).
• Category 3: For a crime suspect who has not been deprived of liberty. One is entitled to a confidential consultation and the assistance of a lawyer during the interrogation.
• Category 2: For a suspect of a crime not punishable by deprivation of liberty. Assistance of a lawyer during interrogation may be provided, but is not obligatory.
• Category 1: For witnesses and victims (not a suspect). Assistance may be provided by a lawyer at the interrogation, but this is not an obligation.