courts are consistent with the international standards established by the Charter or other
applicable human rights instruments.?
26. As regards, in particular, the evidence relied on in convicting the Applicant, the Court
holds that, it was indeed not incumbent on it to decide on their value for the purposes of
reviewing the said conviction.
examining
general,
such
whether
evidence
It is however of the opinion that, nothing prevents it from
as part of the evidence
consideration
of the
said
laid before it so as to ascertain
evidence
by the
national
Judge
was
in
in
conformity with the requirements of fair trial within the meaning of Article 7 of the Charter
in particular.
27. As the European Court of Human Rights noted especially in the Matter of Sarp Kuray
v. Turkey:
"the admissibility of evidence is primarily a matter for domestic law and rules ... in principle it is
for national courts to assess the evidence before them. The mission entrusted to the Court by the
Convention
is not to rule on
the question
as to whether witnesses’
statements were
properly
admitted as evidence, but to determine whether the proceedings as a whole, including the way of
presentation of evidence has been fair’.
3 Alex Thomas v. United Republic of Tanzania, Judgment of 20 November 2015, para 130: “Though this
Court is not an appellate body with respect to decision of national courts, ... this does not preclude it from
examining relevant proceedings in the national courts in order to determine whether they are in accordance
with standards set out in the Charter or any other human rights instruments ratified by the State concerned.
With regard to manifest errors in proceedings at national courts, this court will examine whether the national
courts applied appropriate principles and international standards in resolving the errors.
This is the
approach that has been adopted by similar international courts...”.
4 Judgment of 24 July 2012, para 69. See also: ECHR: Dombo Beheer B.V. v. The Netherlands, Judgment
of 27 October 1993, para 31: "The Court cannot substitute its own assessment of the facts for that of
national courts. Its task is to ascertain whether the proceedings as a whole, including the way in which
evidence was taken, was "fair" within the meaning of Article 6 para. 1 (art. 6-1)”. Gafgenv. Germay,
Judgment of 1 June 2010, para 164: To ascertain whether the proceedings as a whole was fair, there is
need to ascertain that the rights of the Defence had been observed.
There is need to inquire in particular
if the Applicant was afforded the opportunity to challenge the veracity of the evidence and to object to their
use. The value of the evidence should also be considered and if the circumstances in which they were
obtained creates doubt as to their credibility and correctness; Balta and Demir v. Turkey, Judgment of 23
June 2015, para 36: "The Court also recalls in this context that the admissibility of evidence belongs to the
purview of domestic laws and national courts, and that its only task is to determine whether the procedure
was fair’. Sarp Kuray v.. Turkey, Judgment of 24 July 2012, para 69. Matter of Bochan v. Ukraine, Judgment
of 11 March 2015, paras 61 and 62.
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