 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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