JALLOH v. GERMANY JUDGMENT – JOINT DISSENTING OPINION OF JUDGES RESS, PELLONPÄÄ, BAKA AND ŠIKUTA 55 As regards the application of the privilege against self-incrimination in this case, we agree that “the evidence in issue in the present case, namely, drugs hidden in the applicant’s body which were obtained by the forcible administration of emetics, could be considered to fall into the category of material having an existence independent of the will of the suspect, the use of which is generally not prohibited in criminal proceedings” (see paragraph 113 of the judgment). On the other hand, it is more doubtful whether an exception to this general rule on the admissibility of evidence was justified for the reasons given in the judgment. In particular, the majority’s repeated emphasis on the applicant being only a small-scale drug dealer who was given a relatively lenient sentence (see paragraphs 107 and 119 of the judgment) is unconvincing (see also our comments on Article 3 above). However, in our view it is not necessary to go further than this, as our conclusion that there has been no violation of Article 6 is the more or less inevitable consequence of our conclusions drawn with respect to Articles 3 and 8.