DRAGOJEVIĆ v. CROATIA JUDGMENT
35
a violation of another Convention right is concerned, the nature of the
violation found (see Allan v. the United Kingdom, no. 48539/99, § 42,
ECHR 2002-IX).
129. In determining whether the proceedings as a whole were fair,
regard must also be had to whether the rights of the defence were respected.
It must be examined in particular whether the applicant was given the
opportunity of challenging the authenticity of the evidence and of opposing
its use. In addition, the quality of the evidence must be taken into
consideration, including whether the circumstances in which it was obtained
cast doubt on its reliability or accuracy. While no problem of fairness
necessarily arises where the evidence obtained was unsupported by other
material, it may be noted that where the evidence is very strong and there is
no risk of its being unreliable, the need for supporting evidence is
correspondingly weaker (see, amongst many others, Bykov, cited above,
§ 90).
130. As regards, in particular, the examination of the nature of the
Convention violation found, the Court observes that in several cases it has
found the use of covert listening devices to be in breach of Article 8 since
such interference was not “in accordance with the law”. Nonetheless, the
admission in evidence of information obtained thereby did not in the
circumstances of a particular case conflict with the requirements of fairness
guaranteed by Article 6 § 1 (see Khan, cited above, §§ 25-28; P.G. and J.H.
v. the United Kingdom, no. 44787/98, §§ 37-38, ECHR 2001-IX; and Bykov,
cited above, §§ 94-105).
(ii) Application of these principles to the present case
131. The Court notes at the outset that the applicant did not put forward
any argument disputing the reliability of the information obtained by secret
surveillance measures but limited his objection exclusively to the formal use
of such information as evidence during the proceedings (compare Khan,
cited above, § 38; P.G. and J.H., cited above, § 79; and Bykov, cited above,
§ 95).
132. He also had an effective opportunity to challenge the authenticity of
the evidence and oppose its use and used that opportunity during the
proceedings before the first-instance court (see paragraphs 35 and 42
above), and in his appeal (see paragraph 47 above) and constitutional
complaint (see paragraph 49 above). The domestic courts examined his
arguments on the merits and provided reasons for their decisions (see
paragraphs 46, 48 and 50 above). The fact that the applicant was
unsuccessful at each step does not alter the fact that he had an effective
opportunity to challenge the evidence and oppose its use (see Schenk, cited
above, § 47, and Khan, cited above, § 38).
133. The Court further notes that the impugned evidence was not the
only evidence on which the conviction was based (compare Schenk, cited
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