The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence
This research deciphers the European Court’s standing on the dictum of excluding illegally obtained evidence in criminal procedures. It seeks to look into judicial precedents that reveal the methodology followed by the European Court in this regard to see whether the Court has inclined to actually a...
| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
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Qatar University Press
2021-04-01
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| Series: | International Review of Law |
| Subjects: | |
| Online Access: | https://journals.qu.edu.qa/index.php/IRL/article/view/1783 |
| _version_ | 1828946126334590976 |
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| author | Sara Ali Sallabi Sami Hamdan AL-Rawashdeh |
| author_facet | Sara Ali Sallabi Sami Hamdan AL-Rawashdeh |
| author_sort | Sara Ali Sallabi |
| collection | DOAJ |
| description | This research deciphers the European Court’s standing on the dictum of excluding illegally obtained evidence in criminal procedures. It seeks to look into judicial precedents that reveal the methodology followed by the European Court in this regard to see whether the Court has inclined to actually assess the obtained illegal evidence, or even draws any attention to it. If it is proven that the Court actually evaluates the legitimacy of this evidence and assesses its acceptance, the next question would be to assess the extent to which it does so, and whether the Court has the authority to exclude the evidence all together.
The research seeks to clarify the legal controls adopted by the Court to determine the scope of its powers in this matter, whether in terms of evaluating the evidence and estimating its acceptance, or in terms of the powers to rule on the illegality of the evidence in the event of a violation of one of the rights stipulated in the European Convention on Human Rights, especially the right to a fair trial and the right to respect private life.
This study answers the problem from the theoretical level to the practical one. Although the Court monitored the legitimacy of evidence and its acceptance in many cases, it did not establish a clear methodology for dealing with legitimate evidence. Despite the fact that that Court has adopted a number of criteria, the Court did not go as far as to suggest any as the dominant one, and it did not go further to suggest one of them and formulate it as a real approach to dealing with evidence. However, the jurisprudence of the European Court is replete with judicial precedents that are based on criteria and foundations that are suitable to serve as the base for the establishment of clear detailed regulations regarding the exclusion rule, but that needs a serious pause from the Court and a bold step by which the Court proceeds to take an explicit position in this regard. |
| first_indexed | 2024-12-14T05:04:58Z |
| format | Article |
| id | doaj.art-f0c1a28c21a54e7faf136fe53e05951b |
| institution | Directory Open Access Journal |
| issn | 2710-2505 2223-859X |
| language | Arabic |
| last_indexed | 2024-12-14T05:04:58Z |
| publishDate | 2021-04-01 |
| publisher | Qatar University Press |
| record_format | Article |
| series | International Review of Law |
| spelling | doaj.art-f0c1a28c21a54e7faf136fe53e05951b2022-12-21T23:16:08ZaraQatar University PressInternational Review of Law2710-25052223-859X2021-04-0192The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights JurisprudenceSara Ali Sallabi Sami Hamdan AL-RawashdehThis research deciphers the European Court’s standing on the dictum of excluding illegally obtained evidence in criminal procedures. It seeks to look into judicial precedents that reveal the methodology followed by the European Court in this regard to see whether the Court has inclined to actually assess the obtained illegal evidence, or even draws any attention to it. If it is proven that the Court actually evaluates the legitimacy of this evidence and assesses its acceptance, the next question would be to assess the extent to which it does so, and whether the Court has the authority to exclude the evidence all together. The research seeks to clarify the legal controls adopted by the Court to determine the scope of its powers in this matter, whether in terms of evaluating the evidence and estimating its acceptance, or in terms of the powers to rule on the illegality of the evidence in the event of a violation of one of the rights stipulated in the European Convention on Human Rights, especially the right to a fair trial and the right to respect private life. This study answers the problem from the theoretical level to the practical one. Although the Court monitored the legitimacy of evidence and its acceptance in many cases, it did not establish a clear methodology for dealing with legitimate evidence. Despite the fact that that Court has adopted a number of criteria, the Court did not go as far as to suggest any as the dominant one, and it did not go further to suggest one of them and formulate it as a real approach to dealing with evidence. However, the jurisprudence of the European Court is replete with judicial precedents that are based on criteria and foundations that are suitable to serve as the base for the establishment of clear detailed regulations regarding the exclusion rule, but that needs a serious pause from the Court and a bold step by which the Court proceeds to take an explicit position in this regard.https://journals.qu.edu.qa/index.php/IRL/article/view/1783The exclusionary ruleCriminal proceduresEuropean Court of Human RightsRight to respect for private lifeRight to fair trialJurisprudence |
| spellingShingle | Sara Ali Sallabi Sami Hamdan AL-Rawashdeh The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence International Review of Law The exclusionary rule Criminal procedures European Court of Human Rights Right to respect for private life Right to fair trial Jurisprudence |
| title | The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence |
| title_full | The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence |
| title_fullStr | The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence |
| title_full_unstemmed | The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence |
| title_short | The Exclusionary Rule in Criminal Procedures: An Analytical Study in the European Court of Human Rights Jurisprudence |
| title_sort | exclusionary rule in criminal procedures an analytical study in the european court of human rights jurisprudence |
| topic | The exclusionary rule Criminal procedures European Court of Human Rights Right to respect for private life Right to fair trial Jurisprudence |
| url | https://journals.qu.edu.qa/index.php/IRL/article/view/1783 |
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