Sprawa Ćwik przeciwko Polsce (jeszcze o torturach)
Ćwik v. Poland (a few more thoughts on torture)
Author(s): Krystyna PatoraSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Akademia Policji w Szczytnie
Keywords: torture; witness testimony; drug trafficking; prohibitions as to evidence; fruit of the poisonous tree; right of defence; unfair trial
Summary/Abstract: This article focuses on confessions made as a result of torture, but inflictednot by a State agent, but by a third party, and not during, but outside of, preparatoryproceedings. The position of the European Court of Human Rights in the judgment inthe case of Ćwik v. Poland diverges from the current case law and as such is importantfor legal practice with respect to the use of the evidence obtained. In the judgment,the Court also presented an evaluation of a possible use of confessions as evidenceto hand down a conviction in the proceedings concerning serious cross-border crime(trafficking of large amounts of drugs). This evaluation is very different to the uniformposition of Polish courts examining this matter
Journal: Przegląd Policyjny
- Issue Year: 146/2022
- Issue No: 2
- Page Range: 233-242
- Page Count: 9
- Language: English, Polish