This chapter details the process of examining human rights claims by international bodies. It covers the burden of proof, sources of evidence, free evaluation of evidence, framing of legal disputes, friendly settlements, and provisional measures, highlighting the procedural aspects and powers of international bodies in handling claims. The chapter examines the standards of proof, the methods of gathering and assessing evidence, and the procedures for resolving disputes. It also discusses the role of provisional measures in protecting human rights during the examination process and the importance of ensuring fairness and transparency in international human rights litigation.

This paper considers the impact which European human rights law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called ‘Salduz’ doctrine) and the right to examine witnesses (the so-called ‘sole or decisive’ evidence rule). It will be argued that the most recent decisions in these respects appear to dilute some of the impact that these rules appeared to have made to the common law and diminish the effectiveness of the Court as a setter of evidentiary standards for domestic jurisdictions.