admitted) or should it refuse on moral grounds to allow it to be used,
despite its apparent reliability? On this issue I entirely agree with your
Lordships’ conclusion that such evidence should not be admitted,
reliable or not, even if the price is the loss of the prospect that some
pieces of information relevant to the issue of the activities of the person
concerned may be given to the tribunal and relied upon by it in reaching
its decision.
149. In so holding I am very conscious of the vital importance in the
present state of global terrorism of being able to muster all material
information in order to prevent the perpetration of violent acts
endangering the lives of our citizens. I agree with the frequently
expressed view that this imperative is of extremely high importance. I
should emphasise that my conclusion relates only to the process of proof
before judicial tribunals such as SIAC and is not intended to affect the
very necessary ability of the Secretary of State to use a wide spectrum of
material in order to take action to prevent danger to life and property. In
the sphere of judicial decision-making there is another imperative of
extremely high importance, the duty of states not to give any
countenance to the use of torture. Recognising this is in no way to be
“soft on torture”, a gibe too commonly levelled against those who seek
to balance the opposing imperatives.
150. I have to conclude, in agreement with your Lordships, that the
duty not to countenance the use of torture by admission of evidence so
obtained in judicial proceedings must be regarded as paramount and that
to allow its admission would shock the conscience, abuse or degrade the
proceedings and involve the state in moral defilement (Lord Bingham’s
opinion, para 39). In particular, I would agree with the statement of Mr
Alvaro Gil-Robles (cited, ibid, para 35) that
“torture is torture whoever does it, judicial proceedings are
judicial proceedings, whatever their purpose – the former
can never be admissible in the latter.”
In following this course our state will, as Neuberger LJ observed in the
Court of Appeal (para 497), retain the moral high ground which an open
democratic society enjoys. It will uphold the values encapsulated in the
judgment of the Supreme Court of Israel in Public Committee Against
Torture in Israel v Israel (1999) 7 BHRC 31, para 39:
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