HARUTYUNYAN v. ARMENIA JUDGMENT 15 judgment of 1 April 2003 explicitly cited the applicant’s confession statement of 16 April 1999 as proof of his guilt (see paragraph 40 above). The Court of Cassation in its decision of 8 May 2003 also found that “the Court of Appeal rightly considered T.’s confession statement as reliable and regarded it as proof of the applicant’s guilt”. It further cited the applicant’s confession, made to the investigator on 16 April 1999, among the evidence obtained in the case (see paragraph 43 above). The Court finally notes that none of the courts at any of the three levels of jurisdiction explicitly declared the statements in question inadmissible, despite several requests to that effect by the defence. 59. In the light of the above, the Court concludes that the applicant’s confession statements and the statements by witnesses T. and A., which had been obtained under duress, were used by the domestic courts as part of the evidence on which the applicant’s conviction was based. The Government’s assertions to the contrary thus have no basis in the findings of the domestic courts. It remains therefore to be determined whether the use of the statements thus obtained breached the applicant’s rights as guaranteed by Article 6 of the Convention. 60. The Court reiterates that its duty, according to Article 19 of the Convention, is to ensure the observance of the engagements undertaken by the Contracting States in the Convention. In particular, it is not its function to deal with errors of fact or of law allegedly committed by a national court unless and in so far as they may have infringed rights and freedoms protected by the Convention. While Article 6 guarantees the right to a fair hearing, it does not lay down any rules on the admissibility of evidence as such, which is primarily a matter for regulation under national law (see, among other authorities, Schenk, cited above, §§ 45-46). 61. It is therefore not the role of the Court to determine, as a matter of principle, whether particular types of evidence – for example, evidence obtained unlawfully in terms of domestic law – may be admissible or, indeed, whether the applicant was guilty or not. The question which must be answered is whether the proceedings as a whole, including the way in which the evidence was obtained, were fair. This involves an examination of the “unlawfulness” in question and, where violation of another Convention right is concerned, the nature of the violation found (see, inter alia, Khan v. the United Kingdom, no. 35394/97, § 34, ECHR 2000-V, and P.G. and J.H. v. the United Kingdom, no. 44787/98, § 76, ECHR 2001-IX). 62. As regards in particular the examination of the nature of the Convention violation found, the Court observes that notably in Khan (cited above, §§ 25-28) and P.G. and J.H. v. the United Kingdom (cited above, §§ 37-38) it has found the use of covert listening devices to be in breach of Article 8, since recourse to such devices lacked a legal basis in domestic law and the interferences with the applicants’ right to respect for their private life were not “in accordance with the law”. Nonetheless, the