La justice à reculons
La Belgique a été condamnée par la Cour européenne des droits de l’homme parce qu’elle ne permet pas à un avocat d’être présent et d’assister son client lorsque celui-ci est interrogé par des services de police.
Malgré cette condamnation, notre Code d’instruction criminelle, particulièrement archaïque, n’est toujours pas modifié.
La Convention européenne des droits de l’homme est dotée d’un effet direct en droit interne, de sorte que le droit à l’assistance d’un avocat dès le premier interrogatoire s’impose d’office aux juges et aux policiers. Dans certains arrondissements du pays, les parquets commencent à « tolérer » la présence de l’avocat lors de l’audition par le juge...
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