Key facts of the case:

1) The case originated in an application (no. 56402/12) against the Portuguese Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Portuguese national, Mr Carlos Correia de Matos (“the applicant”), on 4 August 2012.

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3)  The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer had violated Article 6 § 3 (c) of the Convention.

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9) The applicant is a lawyer by training and an auditor by profession. From 1993 onwards, he was no longer authorised to practise as a lawyer. By a decision of the Bar Council of 24 September 1993, the applicant was suspended from the roll, as the exercise of the profession of lawyer was considered to be incompatible with his practising as an auditor. This decision was published in the Official Gazette in June 2000. When the applicant ceased his activity as an auditor in April 2016, he continued to be suspended from the Bar Council’s roll until at least the end of 2016 as the result of a disciplinary sanction imposed on him for having practised as a lawyer while not being authorised to do so.

10) On 28 February 2008, in the context of a set of civil proceedings in which he was nevertheless acting as a lawyer, the applicant criticised the decisions taken by the judge hearing the case, saying that they were not worthy of a judge and that a judge could not lie or omit the truth in the exercise of his functions. The judge in question filed a complaint for insult with the public prosecutor’s office. It is not clear from the material before the Court on what basis the applicant was acting as a lawyer in the context of those proceedings given the suspension from the roll referred to above.

11) On 10 February 2010 the public prosecutor’s office at the Baixo‑Vouga District Court filed the prosecution’s submissions against the applicant on a charge of insulting a judge. As the applicant had not instructed a lawyer, the public prosecutor’s office appointed counsel on the basis of Article 64 of the Code of Criminal Procedure (CCP) to conduct the applicant’s defence.

12) On 12 March 2010 the applicant lodged a request with the Baixo‑Vouga Criminal Investigation Court for the opening of adversarial investigation proceedings (abertura de instrução; see paragraph 39 below). He also sought leave to replace his officially appointed defence counsel and represent himself.

13) In an order of 7 September 2010 the court agreed to open the investigation but dismissed the request for officially appointed defence counsel to be replaced and for the applicant to conduct his own defence. It held that the applicant was not entitled to act in the proceedings without the assistance of defence counsel. The court held that under the provisions of Portuguese law, in particular Article 32 of the Constitution and Articles 64 § 3 and 287 § 4 of the CCP (see paragraphs 28, 33 and 40 below), the defendant had the right to be represented by independent counsel, a right which would not be made effective if self-representation were to be allowed. Referring to the Constitutional Court’s case-law on the subject, the court found that a defendant who was a lawyer could therefore not act in proceedings as his own counsel.

Outcome of the case:

For these reasons, the Court 

1. Declares, unanimously, the application admissible;
2. Holds, by nine votes to eight, that there has been no violation of Article  6  §§ 1 and 3 (c) of the Convention.