Placing someone in the truck of a vehicle.375
55. As a matter of international human rights law, security service investigators are
not lawfully authorised to use ‘physical means’ or a ‘moderate degree of
physical pressure’ during interrogation, particularly where such interrogation
could involve serious physical injury and the risk of death. Even in the context
of counter-terrorism strategies only normal investigative procedures are
authorised.376
E. Reliance on Evidence Obtained Through Torture
56. Evidence obtained through torture, cruel, inhuman or degrading treatment will
be inadmissible and cannot be adduced at a trial or relied upon in any way to
form the case for the prosecution (the ‘exclusionary rule’).377
57. This should be protected by domestic law.378
58. Prosecutors should refuse to use evidence which they ‘know or believe on
reasonable grounds’ has been obtained through torture or other forms of ill
treatment.379
59. The principle also applies to evidence that was gathered as a result of
statements made under torture.380
F. Medical and scientific experimentation
60. Article 7 of the ICCPR, Article 9 of the Arab Charter and Article 16 of the
Palestinian Basic Law prohibit scientific or medical experimentation without free
consent.381 Greater protection is accorded by the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment which
prohibits such experimentation on detainees even with the consent of the
individual involved.382
375
Inter-American Court of Human Rights, Castillo-Páez v Peru, 3 November 1997, in OAS doc.
OAS/Ser.L/V/III.39, doc. 5, Annual Report Inter-American Court of Human Rights 1997, p. 264.
376 Public Committee Against Torture v State of Israel, Supreme Court of Israel, 6 September 1999
377 Article 15 UNCAT; Article 13(2) Palestinian Basic Law; Article 10 American Convention to prevent
and Punish Torture.
378 Human Rights Committee, General Comment No.20, 44th Session (1992), para 12.
379 Guidelines on the Role of Prosecutors, Guideline 16.
380 CAT Concluding Observations on UK, UN Doc.A/54/44, 1999, para 76(d).
381 See also Human Rights Committee General Comment No.20, 44th Session (1992), para 7.
382 Principle 22.
76
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