The Taking of Evidence in a Fair Trial in the Light of the ECtHR – Especially the Protection of Confidential Information or State Secrets as Evidence

Abstract

This article deals with the requirements of a fair trial while taking evidence in court. In particular, it outlines the content and scope of rights when examining defence or prosecution witnesses, and procuring documentary or other material evidence. Furthermore, it explores the extent to which confidential information or state secrets may be protected during the taking of evidence in court, and the limits placed on the application of such protective measures by the defence’s right to a fair trial.