Description
Book SynopsisThis book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law. The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including the Perna test, the Ibrahim criteria, and the sole or decisive rule. The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working i
Trade Review'This book focuses on the most important cases and makes the content of Article 6 of the Convention on Human Rights accessible to best serve readers’ everyday practical legal needs. The book includes cases that establish principles and develop or clarify the Court’s existing case law. The cases are summarised in such a manner that the readers’ attention is drawn to the essential points, allowing them to focus on the jurisprudential significance of a particular case. Logical content and a dense use of titles and summaries at the end of the chapters help the reader to quickly find the relevant case law for any practical need, providing an easy-to-use, complete and up-to-date reference book.'
Päivi Hirvelä, Doctor of Laws, Supreme Court Justice and former Judge of the European Court of Human Rights in respect of Finland (2007-2015)
Table of ContentsPreface and acknowledgements, Table of cases, Table of abbreviations, 1. Introduction, 2. The right to a fair trial, 3. Rules of evidence, 4 Basic evidentiary rights, 5. The privilege against self-incrimination, 6. The prohibition of torture and inhuman or degrading treatment, 7. The prohibition of entrapment, 8. Other improperly obtained evidence, 9. The right to cross-examine prosecution witnesses, 10. Conclusion, Bibliography, Index
