40
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
“any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third
person information or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or acquiescence of
a public official or other person acting in an official capacity. It does not include pain
or suffering arising only from, inherent in or incidental to lawful sanctions.”
126. Article 1(2) provides that it is without prejudice to any international
instrument or national legislation which does or may contain provisions of
wider application. Article 2 requires States to take effective legislative,
administrative, judicial or other measures to prevent acts of torture in any
territory under its jurisdiction. Article 4 requires each State Party to ensure
that all acts of torture are offences under its criminal law.
127. Article 3 provides:
“1. No State Party shall expel, return (‘refouler’) or extradite a person to another
State where there are substantial grounds for believing that he would be in danger of
being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant considerations including, where
applicable, the existence in the State concerned of a consistent pattern of gross,
flagrant or mass violations of human rights.”
128. Article 12 provides that each State Party shall ensure that its
competent authorities proceed to a prompt and impartial investigation,
wherever there is reasonable ground to believe that an act of torture has
been committed in any territory under its jurisdiction.
129. Article 15 requires that each State ensure that any statement which
is established to have been made as a result of torture shall not be invoked
as evidence in any proceedings, except against a person accused of torture
as evidence that the statement was made.
2. Case law and reports relating to Article 15 of UNCAT
a. The United Nations Committee Against Torture
130. In P.E. v. France (no. 193/2001), decision of 21 November 2002,
the Committee considered the case of a German national who had been
extradited from France to Spain. The complainant alleged the Spanish
extradition request had been based on statements by a third person obtained
by torture. While rejecting the complaint as unsubstantiated, the Committee
considered that the provisions of Article 15 applied to the extradition
proceedings in France and that France had the obligation to ascertain the
veracity of the allegations made. The “broad scope” of Article 15 and its
applicability to extradition proceedings was confirmed by the Committee in
G.K. v. Switzerland (no. 219/2002), decision of 7 May 2003, which also
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