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Belief evidence and informer privilege: revisited in Strasbourg
journal contribution
posted on 2023-06-15, 20:57 authored by Colin KingBelief evidence of a senior police officer is a key tool in the Irish approach to prosecuting terrorist activities. While belief evidence has been subjected to criticism, the use of such evidence has received judicial imprimatur. Having been endorsed by the Irish Supreme Court in 2006, it was only a matter of time before such evidence would be challenged in the European Court of Human Rights. Belief evidence was considered by the Strasbourg Court in Donohoe v Ireland, 1 where the focus was on a claim of privilege over the source of a police officer’s belief. In a somewhat timid judgment, the European Court of Human Rights held that the claim of privilege did not render the applicant’s trial unfair.
History
Publication status
- Published
File Version
- Published version
Journal
International Journal of Evidence and ProofISSN
1365-7127Publisher
VathekExternal DOI
Issue
4Volume
18Page range
340-352Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes