Strasbourg Observers

View posts from: Evidence

  • Cornelia Klocker

Estemirova v. Russia: A missed opportunity for the protection of human rights defenders

October 08, 2021

By Dr Cornelia Klocker Does the finding of an ineffective investigation and a violation of the duty to cooperate compensate for a non-engagement with the substantive limb of Article 2 ECHR? Natalia Estemirova was one of the most prominent human rights defenders in Chechnya, investigating and documenting cases of enforced disappearances, abductions, torture and extrajudicial […]

  • Dr. Ramute Remezaite

Proving incidents in custody: significance of expert evidence in Lapshin v Azerbaijan

September 28, 2021

By Dr. Ramute Remezaite The significance of evidence in the adjudication of individual human rights complaints by the European Court of Human Rights (Court) is indisputable: the Court will normally rely on the evidence provided by the parties and the facts established in the domestic judicial proceedings. In some instances, such as those relating to […]

  • Guest Blogger

Inadmissibility of evidence obtained by private persons through the use of torture or inhuman or degrading treatment: the case of Ćwik v. Poland

November 27, 2020

Tobias Thienel, associated fellow at the Walther Schücking Institute of International Law at the University of Kiel, Germany, and lawyer with Weissleder Ewer* A classic staple of the cop show genre has the detective ‘roughing up’ a stubborn defendant in order to produce a confession. This somewhat hackneyed story line never had much to do […]