Information Note on the Court’s case-law 5

April 1999

Khan v. the United Kingdom (dec.) - 35394/97

Decision 20.4.1999 [Section III]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Admissibility in criminal proceedings of evidence improperly obtained by a listening device installed by the police in a private house: admissible

Article 8

Article 8-1

Respect for private life

Listening device installe d by the police in a private house: admissible

The applicant was convicted of drug trafficking on the sole ground of evidence improperly obtained by a listening device installed by the police on the premises of a friend of the applicant. He appealed against the conviction, disputing the admissibility o f the tape recordings as evidence. The Court of Appeal dismissed the appeal but certified as a point of law of general importance the question of whether tape recorded conversations, obtained by a listening device attached by the police to a private house, were admissible in a criminal trial. The applicant was granted leave to appeal from the decision of the Court of Appeal dismissing his appeal against conviction. However, the House of Lords dismissed his appeal on points of law.

Admissible under Articles 6, 8 and 13. [The Section decided that a hearing should be held as regards the issue under Article 6 § 1 (fair hearing).]

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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