La prueba prohibida ante el tribunal europeo de derechos humanos:: Luces y sombras del caso zherdev c. Ucrania
The European Court of Human Rights, like other national and international courts, has analyzed the admissibility of evidence that has been obtained through the violation of fundamental rights. Its posture throughout the years has focused on determining whether the proceedings as a whole, including t...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6258782 |
| Source: | Revista de estudios europeos, ISSN 2530-9854, Nº. 1, 2017 (Ejemplar dedicado a: Garantias procesales de investigados y acusados: Situación actual en el ámbito de la Union Europea), pags. 78-93 |
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| Summary: |
The European Court of Human Rights, like other national and international courts, has
analyzed the admissibility of evidence that has been obtained through the violation of fundamental
rights. Its posture throughout the years has focused on determining whether the proceedings as a
whole, including the way in which the evidence was obtained, were fair according to article 6 of the
European Convention on Human Rights. In the judgment of Zherdev v. Ukraine, the Court examined
different violations of fundamental rights that resulted in the production of incriminatory evidence used
to convict a minor defendant. In the following pages we summarize and analyze the Court’s posture
regarding unlawfully obtained evidence, according to the guidelines established in this recent case. |
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