Document Type

Article

Disciplines

International Law

Abstract

The European Court of Human Rights (the "Court") is often recognized as one of the world's most successful international legal mechanisms for the protection of human rights. While cases before the Court primarily turn on issues of law,' the Court also has the authority to, and frequently must make, factual determinations.2 The Court has a set of evidentiary rules, however, those rules are few and are highly discretionary. They give the Court significant latitude in determining what evidence is admissible and how much weight it should be given.' Although the Court has the authority to conduct its own fact-finding investigations,4 in practice, the Court often relies on factual determinations made by domestic courts and, increasingly, by international institutions and non-governmental organizations ("NGOs").' The Court's increasing reliance on the findings of secondary sources is practical and often necessary given the Court's burgeoning caseload, expanding jurisdiction, and chronic shortages of funding and staff.' However, the manner in which the Court has come to rely on secondary sources for factual determinations is also problematic. This is especially true with regard to fact-intensive cases.

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