Overview of anti-torture legislation in Latin America and the Caribbean
The Criminal Procedure Codes from Chile and Colombia provide that evidence obtained by
violating fundamental guarantees shall be legally null, including derivative evidence. In
Chile, evidence obtained from acts that have been declared null must be excluded by the
judge in trial.88 Article 455 of the Colombian Criminal Procedure Code includes the criteria
that judges should consider regarding the nullity of derivative evidence (namely, attenuation
principle, independent source).89
In Costa Rica and Dominican Republic90, laws stipulate that evidence can only be used if it
was obtained through lawful means. However, in Costa Rica the Criminal Procedure Code
also mentions that information extracted under torture, ill treatment and other means of
coercion can be used during the proceedings if it benefits the defendant.91 In Ecuador, the
Criminal Procedure Code provides that evidence cannot be admissible if they were obtained
under torture or by any other means that undermines the will of the person. The
Comprehensive Criminal Code of Ecuador also includes the principle of exclusion which
establishes that evidence obtained through violation of the human rights contained in the
Constitution, and customary international law, shall be dismissed.92
In El Salvador, Article 93 of the Criminal Procedure Code specifies the prohibition of the use
of torture and ill-treatment as way to extract information from a person. Also, in Article 175
the Code provides that only evidence obtained legally is admissible. It also prohibits any illtreatment, coercion, or measures that undermine the will of a person. 93
In Guatemala94, Panama95, and Venezuela96, the criminal procedure codes provide that
evidence cannot be admitted if it was obtained under torture, threat or through human
rights violations. The inadmissibility of derivative evidence is also included in Article 17 of
the Criminal Procedure Code of Panama.97 The inadmissibility of evidence obtained through
human rights violations is enshrined in the Criminal Procedure Code of Honduras98,
Paraguay99and Mexico.100 Article 8 of the Criminal Procedure Code of Peru provides that
evidence can be admissible if it is obtained through legal proceeding. It also provides that
judges shall not use evidence obtained directly or indirectly from human rights violations.101
In Mexico, according to the General Law to Prevent, Investigate and Punish Torture (2017),
discovered through misconduct if the connection between the misconduct and the discovery of the evidence is
sufficiently weak.
88
Article 276 Criminal Procedure Code of Chile (2000).
89
See footnote 74 above.
90
Article 26 Criminal Procedure Code of Dominican Republic (2007).
91
Article 181, Criminal Procedure Code (1996).
92
Article 454 (6), Comprehensive Criminal Code of Ecuador (2014).
93
Article 175 Criminal Procedure Code of El Salvador (2001).
94
Article 183 Criminal Procedural Code of Guatemala (1992).
95
Article 17 Criminal Procedural Code of Panama (2008).
96
Article 197 Criminal Procedure Organic Code (1998).
97
Article 17 Criminal Procedure Code of Panama (2008).
98
Article 200 Criminal Procedure Code of Honduras (2000).
99
Article 174 Criminal Procedure Code of Paraguay (1998).
100
Article 264 National Code of Criminal Procedure (2014).
101
Article 8 of the Criminal Code of Peru.
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