The right to a reasoned order on determination of special evidentiary actions and (critical) review of the practice of the European court of human rights

Abstract

Increasingly dangerous, and internationally distributed, (organized) crime has caused the need for states to find adequate means to put an end to all this. Of course, today, as many years before, we can hear that criminals are "one step ahead of the state." That, when we look at the situation around us, is unfortunately not far from the truth. However, faced with this problem, states at the normative level, in order to anticipate criminal behavior, as well as, if the crime has already been committed, to reliably identify the perpetrators, stipulate (besides general evidentiary actions) special evidentiary actions/techniques in national legislation. That is quite legitimate. However, when the state prescribes certain rules, or conditions under which certain (evidentiary) actions must be taken, then it is more than unusual that state does not respect what it has prescribed. In the following lines, we were dealing with special evidentiary actions, predominantly the general characteristics of the same and in connection with them the practice of the ECtHR. All this with the aim of trying to present (from our point of view) a plausible practice, with the hope that we will break with the previous one, which in our opinion is not good.

Keywords

• special evidentiary actions
• illegal evidence
• measures of secret surveillance
• right to a fair trail
• right to respect for private and family life