The Influence of the ECTHR's Jurisprudence on Models of Evidence Admissibility in National Criminal Processdings - Remarks oh the Art. 3 of the ECHR

Abstract

The considerations presented in this study dealt with selected issues related to the interpretation of Article 3 ECHR. The center of work is a critically oriented review of two cases of similar gravity in which the Court referred Article 3 to evidentiary proceedings. The study presents an analysis concerning ill treatments formulas. It consists of three parts. The introduction comments on the perception of the prohibition of torture and other ill-treatments formulas. The following part contains statistics on Western and Central Europe countries in terms of violations of Article 3 of the ECHR. Based on these, it is ascertained that the Court, with regard to Central and Central-Eastern Europe, derives the so-called deterrence principle by relying on empirical regularity of violations of the ECHR. A certain proxy for this optics is made apparent by the analysis of the Gäfgen and Ćwik cases, in which the court showed a great deal of scepticism about the standards of fairness in the functioning of Polish courts, tightening the paradigm for the elimination of evidence obtained under ill-treatment conditions and its influence for the evaluation of the whole procedure in question. The examination of these cases was based on the concept of constitutive rules by J. Searle