Alinea 46 Parket bij de Hoge Raad 6 maart 2012

"79. Turning to the facts of the present case, the Court is not convinced that by giving replies to the investigator's questions the applicant, in a knowing, explicit and unequivocal manner, waived his right to receive legal representation during the interrogations on 15 and 16 December 1998. The Court firstly reiterates its finding in the case of Salduz v. Turkey (cited above, § 59) that no inferences could be drawn from the mere fact that the applicant had been reminded of his right to remain silent and signed the form stating his rights. A caution given by the investigating authorities informing an accused of the right to silence is a minimum recognition of the right, and as administered it barely meets the minimum aim of acquainting the accused with the rights which the law confirms on him (see, for similar finding, Panovits, cited above, § 74). In the Court's view, when an accused has invoked his right to be assisted by counsel during interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated interrogation even if he has been advised of his rights. Moreover, the Court is of the opinion that an accused such as the applicant in the present case, who had expressed his desire to participate in investigative steps only through counsel, should not be subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police or prosecution."(14)

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