Tuesday 1 November 2022

New Book on Fair Trial Rules of Evidence in ECtHR Case-Law

Jurkka Jämsä (Vaasa Court of Appeal, Finland) has published the monograph Fair Trial Rules of Evidence. The Case Law of the European Court of Human Rights with Routledge.  It is a very structured practice-oriented guide on the law of evidence and the normative framework the European Court of Human Rights' case-law provides for it. This is the abstract:

'This book examines how the European Court of Human Rights approaches the matter of evidence, and how its judgments affect domestic law.

The case law of the Court has affected many areas of law in Europe. One of these areas is the law of evidence, and especially criminal evidence. This work examines the key defence rights that may touch upon evidence, such as the right to adduce evidence, the right to disclosure, the privilege against self-incrimination and access to a lawyer, entrapment, and the right to cross-examine prosecution witnesses. It explains the relevant assessment criteria used by the Court and introduces a simple framework for understanding the various assessment models developed by the Court, including "the Perna test", "the Ibrahim criteria", and "the sole or decisive rule".

The book provides a comprehensive overview on the relevant case law, and will be a valuable asset for students and researchers, as well as practitioners, such as judges, prosecutors, and lawyers, working in the areas of criminal procedure and human rights.'