INTERNATIONAL STANDARDS OF ADMISSIBILITY OF EVIDENCE OBTAINED UNDER TORTURE OR IN SOME OTHER WAY OF CRUEL TREATMENT OF DETAINEES (ARRESTED) IN A CRIMINAL CASE

Abstract

The article discusses the standards and principles applied by the European Court of
human rights on the admissibility of evidence obtained under torture from detainees
(those arrested) in criminal cases. The analysis of the cases, the European Court decision,
which formed the basis of the position which today is the European Court on the issue of
admissibility of evidence obtained under torture or other inhuman treatment. Increased
attention is paid to the positions of the European Court of human rights in this area of
activity. Highlighted the fundamental requirements for the admissibility of criminal procedure,
evidence obtained as a result of ill-treatment with the accused. Gives a detailed
analysis, and indicated significant differences of the case "Osman V. United Kingdom"
and the "v ElHaski. Belgium". Reveals in detail the approach of the European Court in
each of these cases. The author considers the question of the admissibility of evidence
obtained by torture and other inhuman treatment from third parties. Agreeing with the
applicable European Court principles, the author raises the question of the admissibility of
evidence obtained under torture in conjunction with the issue of fair trial. Makes findings
and conclusions on the possibility of a fair trial, even if guilt of the person is established
by evidence obtained by torture and other inhuman treatment.