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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Illegally Obtained Evidence: International Criminal Courts and Tribunals

Wojciech Jasiński

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

Subject(s):
Right to fair trial — Due process — Admissibility of evidence — Burden of proof

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 Illegally (improperly) obtained evidence has always been at the centre of a heated academic debate both nationally and internationally. A number of so-called hard cases (eg Gäfgen v Germany, 2010) popularized the topic among the general public. There is a variety of controversial scenarios where illegally obtained evidence has come into play. In the Gäfgen case, the crucial problem analysed by the German courts and later by the European Court of Human Rights (ECtHR) was whether admitting the evidence obtained by the police through inhuman treatment in a homicide...
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