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- Title
THE PROHIBITION OF THE USE OF ILLEGAL EVIDENCE AT THE LEVEL OF DECISIONS OF THE EUROPEAN COURT AND THE PRESUMPTION OF INNOCENCE.
- Authors
Yunis, Khalilov
- Abstract
In the article, the prohibition of using illegal evidence at the level of the decisions of the European Court is studied as an important element of the presumption of innocence. The article analyzes the position of the European Court on evidence obtained as a result of violation of privacy, as a result of torture, inhuman or degrading treatment, as well as as a result of incitement to commit a crime (provocation). In the end, it is concluded that the European Court, while stating that the issue of evidence collection is a matter of domestic law, also accepts the need to observe certain limitations regarding the evaluation of evidence obtained as a result of provocation.
- Subjects
EUROPEAN Court of Human Rights; PRESUMPTION of innocence; JUSTICE administration; LEGAL judgments; CIVIL rights; LEGAL evidence; TORTURE; PROVOCATION (Criminal law)
- Publication
German International Journal of Modern Science / Deutsche Internationale Zeitschrift für Zeitgenössische Wissenschaft, 2024, Issue 74, p23
- ISSN
2701-8369
- Publication type
Article
- DOI
10.5281/zenodo.10673819