USE OF EVIDENCE OBTAINED IN BREACH OF THE CONVENTION RIGHTS AS A VIOLATION OF THE RIGHT TO A FAIR TRIAL
Abstract
This paper focuses on the review of standards established by the European Court of Human Rights (ECtHR) with regards to the use of evidence obtained in breach of the rights set out in the European Convention on Human Rights and Fundamental Freedoms (ECHR), ultimately resulting in a violation of the right to a fair trial. Due consideration has been given to the use of evidence obtained in violation of Article 3, Article 8 and the privilege against self-incrimination. Even though the specific rules on admissibility of evidence were to be regulated by each of the Contracting States, the Court set out standards on the use of evidence in order to address the primary question: Does the use of evidence obtained in breach of the Convention rights render the proceedings as a whole to be unfair? The authors analyze the Court jurisprudence on this matter and the evolution of these standards over time in order to respond to this question.
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The European Convention on Human Rights (adopted 4 November 1950, entered into force 3 September 1953) (ECHR)
The International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR)
HUDOC database - http://hudoc.echr.coe.int
List of cases
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DOI: https://doi.org/10.22190/FULP1703181D
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