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Khan v. The United Kingdom

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At the time of the interference with the applicant's conversations, there had existed no statutory system to regulate the use of covert listening devices in the United Kingdom. The Home Office Guidelines which existed were neither legally binding nor were they directly publicly accessible. Moreover, none of the remedies open to the applicant to challenge the alleged lack of an adequate basis in law for surveillance complied with the requirement of that a remedy must allow the competent national authority to deal with the substance of the Convention complaint and to grant appropriate relief. However, the Court's role is to determine whether, in all the circumstances of the case, including the way in which evidence was obtained, the proceedings as a whole were unfair. The Court would not exclude as a matter of principle and in the abstract that unlawfully obtained evidence might be admissible.


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