its task when assessing whether an interference was in line with domestic law, and thus “prescribed by law”, is subject to limits inherent in the subsidiary nature of the Convention: the Court cannot gainsay

The Commission seemed to gainsay such an approach when it spoke of an “absolute right in the sense that no restrictions similar to those in para. (2) of Art. 8 of the Convention are expressly provided

In this regard, he observed that as late as 2009 the Government of the United Kingdom was maintaining a stance that there was nothing to challenge, much less gainsay the original, official version of the

In this regard, he observed that as late as 2009 the Government of the United Kingdom was maintaining a stance that there was nothing to challenge, much less gainsay the original, official version of the

Nor can the Court gainsay the national courts’ opinion as to the officer’s – or the other witnesses’ – credibility and reliability.

The assessment of evidence and its credibility is in the domain of the domestic courts and the Court, which is far removed from the trial, should not gainsay their evaluation (see, mutatis mutandis, Al

allowed to those courts will be a wide one, in recognition of the fact that they are better placed than an international court to evaluate local needs and conditions, and the Court will be reluctant to gainsay