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HARUTYUNYAN v. ARMENIA JUDGMENT
Article 105 § 1: Materials inadmissible as evidence
“The following materials cannot constitute the basis for charges and be used as
evidence in criminal proceedings: (1) materials obtained under violence, threat,
trickery, humiliation of a person, and through other unlawful actions ...”
Article 106 § 1: Establishment of inadmissibility of evidence
“The inadmissibility of factual data as evidence, and the possibility of their limited
use in the proceedings, shall be established by the examining authority of its own
motion or upon the request of a party.”
Article 126: Examination of evidence
“Evidence obtained in the case must be thoroughly and objectively examined: it
must be analysed, compared with other evidence, new evidence must be collected, and
its sources must be verified.”
Article 369 § 3: Drafting of a judgment
“A judgment shall be composed of introductory, descriptive-motivational and
concluding parts.”
Article 371: Descriptive-motivational part of a judgment
“The descriptive-motivational part of a judgment shall contain: (1) the content of the
accusation; (2) the court’s conclusions with regard to the circumstances of the case,
the accusation being tested and the defendant’s guilt; (3) the evidence on which the
court’s conclusions are based; and (4) the legal provisions on which the court relied in
reaching its decision.”
III. RELEVANT INTERNATIONAL DOCUMENTS
46. The Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, as adopted by the United Nations
General Assembly on 10 December 1984 (resolution 39/46), provides:
Article 15
“Each State Party shall ensure that any statement which is established to have been
made as a result of torture shall not be invoked as evidence in any proceedings, except
against a person accused of torture as evidence that the statement was made.”