54 JALLOH v. GERMANY JUDGMENT – JOINT DISSENTING OPINION OF JUDGES RESS, PELLONPÄÄ, BAKA AND ŠIKUTA the other questions we have just touched upon. Even so, we conclude that the requirement of necessity is also fulfilled. We refer, firstly, to what we said above when discussing Article 3. We reiterate in particular that the alternative method of waiting for the drugs to pass through the body naturally would not have been decisively better from the standpoint of the values protected by the Convention. As it can hardly be contended that drug dealers in the applicant’s position should be allowed to go unpunished, the choice between the two methods, both of which entail certain risks, largely falls within the Contracting State’s margin of appreciation, provided that the principle of proportionality is respected. In view of the Government’s explanation that the use of emetics is allowed only in those five Länder where the problem caused by drug offences is most acute, we accept that the practice of using emetics does not go beyond what can be regarded as necessary. Absolutely denying the Contracting State the possibility of resorting to this measure even where the drug problem has reached the alarming proportions it has in some parts of Europe in our view fails to strike a proper balance between the State’s interest in fighting drug offending and the other interests involved. As the force used by the police in the applicant’s case did not go beyond what can be regarded as necessary in the circumstances, we conclude that there has been no violation of Article 8. Article 6 We have also voted against finding a violation of Article 6. As in our view there has been no violation of either Article 3 or Article 8, the possibility of finding a violation on the grounds set out in the judgment does not really arise for us. Therefore, we will confine ourselves to a few brief remarks. First, we would like to stress our agreement with the principle, enunciated notably in Article 15 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, that incriminating evidence obtained as a result of torture should never be admitted as evidence against the victim (see paragraph 105 of the judgment). On the other hand, any extension of this principle to cover other violations of the Convention – and this judgment is a step in that direction – calls for caution. The case-law according to which the admissibility of evidence is primarily a matter for regulation under domestic law (see paragraph 94 of the judgment) is an important expression of the principle of subsidiarity, exceptions to which should be construed narrowly. However, as the majority has expressly left open the general question whether evidence obtained by an act qualified as inhuman and degrading treatment (but not torture) automatically renders a trial unfair (see paragraph 107 of the judgment), we do not consider it necessary to pursue the matter further.