Uncertain Certainty?: Making Sense of the European Court of Human Rights’ Standard of Proof
Bicknell, C
Date: 30 November 2019
Article
Journal
International Human Rights Law Review
Publisher
Brill Academic Publishers
Publisher DOI
Abstract
The European Court of Human Rights declares a single standard of proof (‘SoP’): proof
beyond reasonable doubt (‘BRD’). Yet the accuracy of this claim and the threshold’s
appropriateness have both been challenged. This article uniquely considers and clarifies the
Court’s interpretation and application of its SoP. Demonstrating SoP ...
The European Court of Human Rights declares a single standard of proof (‘SoP’): proof
beyond reasonable doubt (‘BRD’). Yet the accuracy of this claim and the threshold’s
appropriateness have both been challenged. This article uniquely considers and clarifies the
Court’s interpretation and application of its SoP. Demonstrating SoP is capable of both broad
and narrow interpretations, it shows the Court interprets SoP only narrowly. This
understanding confirms BRD as the applicable standard, whose use is then considered
through detailed examination of the case law. The analysis shows that although the Court’s
conception and approach to BRD necessarily accommodate some doubt, violations are found
with a consistently high level of certainty. There is however, a striking inconsistency in
references made to the Rules of Court. Moreover, the Rules do not fully capture the Court’s
approach. Addressing this, as the article proposes, would strengthen both the consistency and
legitimacy of relevant decisions.
Law School
Faculty of Humanities, Arts and Social Sciences
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