102 Human Rights in Counter-Terrorism Investigations pending trial. A complaint of ill-treatment is filed and criminal proceedings are instituted against the officers on duty. The domestic legislation prohibits the use of evidence obtained from torture. Nevertheless, X’s statement is used as evidence during his criminal trial, along with materials seized in his apartment at the time of his arrest. X is then convicted of leading an armed gang. Question: Does the use of X’s statements as evidence violate the right to a fair trial? It is necessary to assess: • whether X’s statements have been obtained through torture or other forms of ill-treatment; and • whether the use of these statements as evidence contravenes fair trial guarantees. In the present case, there are strong presumptions that law enforcement officers ill-treated him, as corroborated by the medical report. In addition, during criminal proceedings against them, the officers did not provide any explanation for X’s injuries. Moreover, X’s right to have access to a lawyer and a lawyer present during the interviews has been denied, whereas he was in a situation of particular vulnerability due to the deprivation of liberty and ill-treatment. The right to remain silent and the right not to incriminate oneself are essential fair trial guarantees. The latter presupposes that, in a criminal case, the prosecution seeks to prove their case without using coerced evidence acquired in defiance of the accused’s will. Despite procedural guarantees afforded by domestic legislation, the evidence allegedly obtained through torture contributed to X’s conviction. No matter their decisiveness in the proceedings, the statements were taken into consideration to establish the facts of the case. The use of evidence obtained through torture or other forms of ill-treatment is strictly prohibited. X’s right to a fair trial was, therefore, violated in this case. 125 * This case study is taken from the facts in Örs and Others v. Turkey, and the analysis of the question on the findings of the ECtHR in that case.125 125 ECtHR, Örs and Others v. Turkey, Application No. 46213/99, 20 June 2006, <http://hudoc. echr.coe.int/sites/eng/pages/search.aspx?i=001–75914>.