JALLOH v. GERMANY JUDGMENT
27
respect of evidence obtained in violation of Article 3 of the Convention,
even if the admission of such evidence was not decisive in securing the
conviction (see İçöz v. Turkey (dec.), no. 54919/00, 9 January 2003, and
Koç v. Turkey (dec.), no. 32580/96, 23 September 2003). The Court
reiterates in this connection that Article 3 enshrines one of the most
fundamental values of democratic societies. Even in the most difficult
circumstances, such as the fight against terrorism and organised crime, the
Convention prohibits in absolute terms torture and inhuman or degrading
treatment or punishment, irrespective of the victim’s conduct. Unlike most
of the substantive clauses of the Convention, Article 3 makes no provision
for exceptions and no derogation from it is permissible under Article 15 § 2
even in the event of a public emergency threatening the life of the nation
(see, inter alia, Chahal v. the United Kingdom, 15 November 1996, § 79,
Reports 1996-V, and Selmouni v. France [GC], no. 25803/94, § 95, ECHR
1999-V).
100. As regards the use of evidence obtained in breach of the right to
silence and the privilege against self-incrimination, the Court observes that
these are generally recognised international standards which lie at the heart
of the notion of a fair procedure under Article 6. Their rationale lies, inter
alia, in the protection of the accused against improper compulsion by the
authorities, thereby contributing to the avoidance of miscarriages of justice
and to the fulfilment of the aims of Article 6. The right not to incriminate
oneself, in particular, presupposes that the prosecution in a criminal case
seek to prove their case against the accused without resort to evidence
obtained through methods of coercion or oppression in defiance of the will
of the accused (see, inter alia, Saunders, cited above, § 68; Heaney and
McGuinness, cited above, § 40; J.B. v. Switzerland, no. 31827/96, § 64,
ECHR 2001-III; and Allan, cited above, § 44).
101. In examining whether a procedure has extinguished the very
essence of the privilege against self-incrimination, the Court will have
regard, in particular, to the following elements: the nature and degree of the
compulsion, the existence of any relevant safeguards in the procedures and
the use to which any material so obtained is put (see, for example, Tirado
Ortiz and Lozano Martin v. Spain (dec.), no. 43486/98, ECHR 1999-V;
Heaney and McGuinness, cited above, §§ 51-55; and Allan, cited above,
§ 44).
102. The Court has consistently held, however, that the right not to
incriminate oneself is primarily concerned with respecting the will of an
accused person to remain silent. As commonly understood in the legal
systems of the Contracting Parties to the Convention and elsewhere, it does
not extend to the use in criminal proceedings of material which may be
obtained from the accused through the use of compulsory powers but which
has an existence independent of the will of the suspect such as, inter alia,
documents acquired pursuant to a warrant, breath, blood, urine, hair or voice
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