THE APPARENT IRRELEVANCE OF ILLEGALLY OBTAINED EVIDENCE IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The European Court of Human Rights has begun to move away from basic doctrines of European human rights law, and some of its recent pronouncements in criminal cases about the admissibility of improperly obtained evidence raise questions about the structure and contents of ECHR. The relation between articles 3, 8, and 6, is on the stage. The Court has failed to develop a consistent position on the relationship between violations of these articles. Some recents decisions had established that relation. But, there is no yet a real discussion about the principles which ought to govern the admissibility of evidence obtained in violation of Convention rights.