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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Fact-Finding: European Court of Human Rights (ECtHR)

Philip Leach

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 08 February 2023

Human rights — Burden of proof — Standard of proof — International courts and tribunals, procedure — Fact-finding and inquiry

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 As the regional court which sits at the judicial apex of the European continent, encompassing 47 member states of the Council of Europe, and a considerable variety of national legal systems, the fact-finding role played by the European Court of Human Rights (‘European Court’ or ‘the Court’ or ‘ECtHR’) is a fundamental aspect of the delivery of justice for potentially millions of people. The finding of facts describes a process (or processes) in which a court attempts to clarify an unclear or disputed fact or set of facts. Fact-finding is therefore a...
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