Discrimination against an out-of-canton lawyer in the delivery of case files

Facts

Parties: The complainant is a lawyer based in Neuchâtel, Me D., who represents a minor defendant, L., in a criminal proceeding before the Tribunal des mineurs du canton de Vaud. The complaint is directed against the Tribunal's refusal to send the criminal files to the lawyer's office for review, while this is possible for Vaud lawyers.

Background: On December 13, 1995, Me D. requested the dossier to be sent to his office. The President of the Tribunal refused and referred to the possibility of reviewing the dossier in the premises of the examining magistrate in Yverdon. The appeal against this decision was dismissed by the Chambre supérieure des Tribunals on January 24, 1996.

Main issue: The complainants argue that the decision violates the free exercise of the legal profession (Art. 31 Cst. and Art. 5 Annex Cst.) as well as the rights of the defendant (Art. 6 para. 3 lit. b ECHR, Art. 14 ECHR, Art. 14 UN Covenant II). They request the annulment of the contested decision.

Considerations

Standing to complain: Lawyer Me D. is entitled to invoke Art. 31 Cst. and 5 Annex Cst., as he is directly affected by the decision. The defendant L. is also entitled, as the decision affects his defense. Ms. M., the legal representative of L., is also entitled to complain, as she has her own procedural rights.

Art. 4 Cst.: Art. 4 Cst. guarantees the right to be heard, including the right to access to files. The refusal to send the dossier to the lawyer constitutes an unlawful discrimination that violates Art. 4 Cst. The practice of only sending the dossier to Vaud lawyers is discriminatory and violates the rights of the defendant and the lawyer.

Art. 6 ECHR and UN Covenant II: The refusal violates Art. 6 para. 3 lit. b ECHR and Art. 14 UN Covenant II, as it does not ensure the necessary facilities for the preparation of the defense. The discrimination is also…