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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Proof: European Court of Human Rights (ECtHR)

Michael O’Boyle

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 October 2022

Subject(s):
Burden of proof — Standard of proof — International courts and tribunals, procedure

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 International tribunals are generally reluctant to be restricted by rules of evidence which might impinge on their ability to establish the facts in cases before them. The European Court of Human Rights (ECtHR) (‘Court’) is no exception in this respect. Neither the European Convention of Human Rights (‘ECHR’ or ‘Convention’) (European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)) nor the Court’s Rules of Court seek to regulate in a detailed fashion how evidence is to be assessed by the Court although the Rules of Court contain...
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