EL HASKI v. BELGIUM JUDGMENT 9 (c) Proceedings before the Court of Cassation 43. The Court of Cassation dismissed the appeal by a judgment of 27 June 2007. ... 44. As to the argument concerning treatment in breach of Article 3 that had allegedly been sustained by individuals whose statements had been taken in foreign countries, the Court of Cassation took the view that its examination would entail criticism of the factual assessment of the evidence in the case by the trial judge, or a request for verification of such evidence, and that it did not have jurisdiction in respect of such matters. 45. The court further found ... that, as a whole, the applicant had been given a fair trial within the meaning of Article 6 of the Convention. II. RELEVANT DOMESTIC LAW AND PRACTICE 46. Articles 139 and 440 of the Belgian Criminal Code read as follows: Article 139 “A terrorist group shall be defined as an organised association of more than two people, established on a lasting basis and engaged in concerted action with a view to the commission of terrorist offences covered by Article 137. An organisation whose real purpose is solely of a political, trade union or philanthropic, philosophical or religious nature, or which solely pursues any other legitimate aim, cannot, as such, be considered a terrorist group within the meaning of paragraph 1.” Article 140 “1. Anyone who participates in an activity of a terrorist group, including by providing information or material resources to that group or through any form of financing of a terrorist group’s activity, in the knowledge that such participation aids the commission of an offence by the terrorist group, shall be liable to a prison sentence of between five and ten years and to a fine of between one hundred euros and five thousand euros. 2. Leaders of terrorist groups shall be liable to a prison sentence of between fifteen and twenty years and to a fine of between one thousand euros and two hundred thousand euros.” 47. Section 13 of the Law of 9 December 2004 on international mutual legal assistance in criminal matters provides that: It shall be prohibited to use in Belgian criminal proceedings any evidence: 1o that has been illegally obtained in a foreign country, where the illegality: – arises, under the law of the State in which the evidence has been gathered, from the breach of a procedural requirement prescribed on pain of nullity; – vitiates the reliability of the evidence; 2o or of which the use violates the right to a fair trial.”