From September 8th to 10th, 2015, Professor Gless delivered two wonderful lectures on Evidence. Professor Gless is the Dean of Law School of University of Basel in Switzerland. She is a famous expert on Criminal Procedure Law and Evidence Law. Also, she has done a lot of excellent research on Swiss Criminal Procedure Law and European Human Rights Law.
During Professor Gless’ first lecture, which is named “Water always finds its way ---- Exclusionary Rules in the Swiss Criminal Justice System”, Professor Gless talked about the exclusionary rules in Swiss Code of Criminal Procedure. She explained that the rules strike the balance between the interest in seeking the truth and other higher interests, which was the theoretical basis of exclusionary rules. Also, Professor Gless introduced the categorical general exclusionary rules and the “poisonous tree” doctrine. Also, Professor Gless talked about the scope between interpretation of the provisions and the discretion.
During the second lecture, which is named ”The Principle of a Fair Trial ---- Prohibition of Torture and Exclusionary Rules”, Professor Gless mainly talked about the famous Gäfgen case in Germany. She introduced the rules against torture in European Convention on Human Rights and Convention Against Torture. Then Professor Gless described the relationship between the protection of human rights and criminal procedure. Also, Professor Gless expressed that in order to make the protection against torture effective, a country must have an adequate “fruit of the poisonous tree” doctrine, give individuals entitlement to bring a complaint for an alleged violation of human rights and establish an effective remedy scheme.
In the end, Professor Yue Liling and Associate Professor Wu Hongqi gave meaningful comments. Professor Gless’ lectures offered both students and teachers opportunities to think about the evidence rules. Also, students and Professor Gless had many discussions on many detailed problems.