The aim: The purpose of this paper is to identify and characterize the standards for assessing the health status of a person who is likely to have been mistreated during detention or custody. Materials and methods: The provisions of international regulations, as well as the case law of the European Court of Human Rights (hereinafter - ECHR, Court) were studied in the preparation of the paper. A set of general scientific and special methods of cognition was used, in particular, the comparative-legal method, the system-structural method, the generalization method, the method of analysis and synthesis, and others. Conclusions: Medical examinations and forensic examinations of persons detained or incarcerated and alleging torture or mistreatment are appropriate provided that they comply with European standards set out in the case law of the ECHR and the recommendations of international organizations, which whereas will ensure the effectiveness of formal investigations of such facts.
The article examines the peculiarities of the disclosing results of the use of special investigation techniques. The provisions of the European Convention on Human Rights, relevant international documents, as well as precedent practice of the European Court of Human Rights on the given topic are analyzed in detail. Disclosing results of the use of special investigation techniques is an important condition for their use in evidence. Accordingly, the legislator established a procedure aimed at ensuring the realization of the right to a fair trial in its procedural aspect. This provides an opportunity for the parties to the future trial to know about the evidence of each of them and to prepare the legal position that will be defended by them in the adversarial procedure of the trial. In the course of scientific research, the procedure of the use of special investigation techniques is analyzed, which by its legal nature is complex, since the prerequisite for obtaining evidence in such a case is the prior permission of authorized subjects. At the same time, attention is focused on the fact that the negative consequences in practice when applying this legal institution arise due to the fact that the subjects of classification and declassification of information usually refer to bodies other than the prosecution. The work examines international standards for the use of special investigation techniques, among which the right to review the evidence obtained using such methods is highlighted, which is a component of the right to an adversarial trial as an element of the right to a fair trial. Based on a thorough study of international documents and the practice of the European Court of Human Rights, it was found that the right to review the evidence of the opposing party is not absolute and may be limited. In particular, it is permissible to conceal evidence in order to protect the rights of other persons or important state interests. The relevant legal positions of the European Court of Human Rights on the issues of discovery of disclosing results of the use of special investigation techniques are analyzed. In the course of the research, it was found that additional guarantees of the right to a fair trial are the right to sufficient time and opportunities for the preparation of one's defense by the person accused of committing a crime. The national normative regulation and the main practice trends regarding the disclosing results of the use of special investigation techniques are studied. The evolution of the legal positions of the Supreme Court regarding the disclosing results of the use of special investigation techniques is analyzed.
The article deals with the issues of international standards for the use of special (secret) investigation techniques. The provisions of international documents (primarily the European Convention on Human Rights) are analyzed in detail, as well as the case-law of the European Court of Human Rights on a given topic. Based on the analysis of these sources, it allowed to distinguish the following standards for the use of special (secret) investigation techniques: 1) the right to know about the evidence obtained through the use of special (secret) investigative techniques; 2) rules of admissibility of evidence obtained through the use of special (secret) investigative techniques; 3) prohibition of provocation during the use of special (secret) investigative techniques; 4) the right to call and cross-examine witnesses in connection with the use of special (secret) investigative techniques; 5) the quality of the law providing for the use of special (secret) investigative techniques; 6) the legality of the use of special (secret) investigative techniques; 7) the right to an effective remedy in connection with the use of special (secret) investigative techniques. In the course of scientific research, it turns out the content of standards for the use of special (secret) investigative techniques. It is established that the right to know about the evidence obtained through the use of special investigative techniques provides sufficient time and opportunity to prepare defense by a person charged with a criminal offence. It is noted that the rules of admissibility of evidence obtained through the use of special (secret) investigative techniques provide for the study of the fairness of the proceedings as a whole, as well as clarifying the question of whether the right to defense and importance of evidence is respected. International standards for the use of special (secret) investigative techniques are also proposed to include the prohibition of provocation, which provides for the separation of provocation itself and investigation of a crime mainly in a passive way. The right to call and cross-examine witnesses embodies the principle that before a guilty verdict, all evidence of the accused's guilt must be presented in his presence. It is substantiated that the standards defined in Article 8 of the Convention and the relevant practice of the European Court on Human Rights can be divided into two categories: the quality of the law providing for the use of special (secret) investigative techniques and the legality of the use of special (secret) investigative techniques. The last standard concerns the right to an effective remedy and provides for the availability of appropriate mechanisms when using special (secret) investigative techniques.
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