| Abstract [eng] |
The establishment of historical truth in the practice of the European Court of Human Rights This current research paper is aimed at examining the jurisprudence of the European Court of Human Rights (ECHR), particularly concerning the concept of historical truth. In this research, the concept of historical truth is analysed through its application in legal practice. Especially in the case-law where courts express their position on the role of historical truth and problems concerning application of historical truth in the particular court‘s case-law. This research paper aims to examine the ECHR jurisprudence by the way of analysing it‘s change of approach to particular issues. By proving different opinions of legal scholars on the importance of historical truth and it‘s conception the considerations on the future of this topic is presented. The role which the court plays in establishing historical truth is examined through comparison between the ECHR and other international courts considering their different cultural, historical and political past. In this research the jurisprudence of the ECHR is compared to the doctrine of historical truth in Lithuania‘s legal system. The research examines Lithuania‘s case-law concerning the crimes of denial by comparing it to the same doctrine established by the ECHR. |
