PROCEDURES AND PRACTICES TO EXCLUDE TORTURE
EVIDENCE: THINGS TO CONSIDER
Review of existing laws, procedures and instructions
1
Does the Constitution or national laws prohibit the admission of torture evidence in court proceedings? Are these
in line with Article 15 of UNCAT, or best international guidance?
2
What legal and procedural safeguards are in place to disincentivise and/or take action against officials where
evidence has been gathered unlawfully, including by use of torture or ill-treatment? Are there any additional
safeguards that could be introduced?
3
Are clear instructions and guidance for handling of evidence and procedures for excluding such evidence in
place and readily known, applicable to (i) interviewers and investigators, (ii) the prosecution service, (iii) medical
practitioners and (iv) judges?
4
Does (and if so how) the national medical/forensic science institution already place ethical obligations on medical
practitioners to report acts of torture or ill-treatment? Do these obligations apply to State/police medical officers?
How are they enforced?
5
In court proceedings, who has the burden of proving that testimonies were (or were not) obtained by torture, and
what is the relevant standard of proof to show that such evidence was obtained lawfully?
6
Is there a provision allowing for the exclusion of derivative evidence?
TOOL: Non-admission of evidence obtained by torture and ill-treatment
14/15
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