From: Michael Froomkin <froomkin@law.miami.edu>
Date: Sat, 18 Nov 1995 06:01:58 +0800
To: Michael Smith <smithmi@dev.prodigy.com>
Subject: Re: COE Recommendation No. R (95) 13
In-Reply-To: <199511171958.OAA30121@tinman.dev.prodigy.com>
Message-ID: <Pine.SUN.3.91.951117154130.3578F-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain


sorry, but there is a right to remain silent in Europe:

[quoting from footnote 360 (whatsamatter you didn't get that far?) of my
Clipper paper:] 

The European court of Human Rights recently ruled that the
right to right to remain silent is guaranteed under the European
Convention on Human Rights (formerly known as the Convention for the
Protection of Human Rights and Fundamental Freedoms), Nov. 4, 1950, art.
6(1), 213 U.N.T.S. 221. See Funke v. France, 256 Eur. Ct. H.R. (ser. A) at
8 (1993) (holding that Article 6(1) of the European Convention on Human
Rights guarantees the right against self-incrimination); Ying H. Tan, Use
of DTI Interviews Unfair, INDEPENDENT (London), Sept. 30, 1994, at 30
(reporting the decision of the European Commission of Human Rights in
Saunders v. United Kingdom). 



On Fri, 17 Nov 1995, Michael Smith wrote:
0
> >
> >>Forgive me if this point has already been raised, but couldn't an 
> >>objection to such laws be based on the protection against 
> >>self-incrimination? 
> >
> >There is no such right in most (if not all) european countries. In
> >France there is not even the presumption of innocence.
> 
> [Further depressing news deleted]
> 
> Yes, this was my understanding. I guess the point I was groping 


A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
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