Does it violate
international law?
Does the use of torture-tainted information,
or sharing information which leads to torture,
violate international law?
As State actors, intelligence, security and police staff should uphold
applicable international law, both through the application of relevant
treaties and customary international law. This necessarily places
clear limits on the actions of all executive actors and requires positive
action should breaches of human rights be threatened or occur.
Jurisdictional questions have often been presented as a barrier
to the extraterritoriality of human rights obligations, particularly
in circumstances where State agents are not clearly in situations
of control. Yet even with some questions remaining over the
extraterritoriality of human rights obligations, this should not
obscure the relevance for all State actors to comply with human
rights obligations, wherever they may be. As observed by the
Human Rights Committee, “it would be unconscionable to so
interpret [obligations under the Covenant] as to permit a State party
to perpetrate violations of the Covenant on the territory of another
State, which violations it could not perpetrate on its own territory.”21
Similarly, the International Court of Justice considered that the
rights enshrined in the Covenant extend “to acts done by a State in
the exercise of its jurisdiction outside its own territory.”22
Several relevant obligations may be derived from the absolute
prohibition against torture. Nevertheless, it should be noted that
the boundaries of emerging areas of law remain uncertain, and
conclusions drawn in such areas should not be understood as
universally recognised or settled principles of international law.
21
22
CCPR, Sergio Euben Lopez Burgos v. Uruguay, Communication No. R.12/52, U.N.
Doc. Supp. No. 40 (A/36/40) at 176 (1981).
Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, Advisory Opinion of 9 July 2004, I.C.J. Reports 2004, paras. 111 and 113.
21
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