88.
As for the rule that we do not necessarily exclude the “fruit of the
poisoned tree”, but admit relevant evidence discovered in consequence
of inadmissible confessions, this is the way we strike a necessary
balance between preserving the integrity of the judicial process and the
public interest in convicting the guilty. And even when the evidence has
been obtained by torture – the accomplice��s statement has led to the
bomb being found under the bed of the accused – that evidence may be
so compelling and so independent that it does not carry enough of the
smell of the torture chamber to require its exclusion. But that is not the
question in this case. We are concerned with the admissibility of the raw
product of interrogation under torture.
89.
The curious feature of this case is that although the Secretary of
State advances these arguments based on the limited scope of the
confession rule and the general principle that all relevant evidence is
admissible, he does not contend for what would be the logical
consequence if he was right, namely, that evidence obtained from third
parties by torture in the United Kingdom would also be admissible. He
accepts that it would not. But he submits that the exclusionary rule is
confined to cases in which the torture has been used by or with the
connivance of agents of the United Kingdom. So the issue is a narrow
one: not whether an exclusionary rule exists, but whether it should
extend to torture inflicted by foreigners without the assistance or
connivance of anyone for whom the United Kingdom is responsible.
90.
Furthermore, the Secretary of State has attempted to fend off
concern by the International Committee Against Torture over whether
his position was in accordance with our obligations under article 15 of
the UN Convention Against Torture (“Each State Party shall 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”) by saying
that he does not intend to “rely upon or present evidence where there is a
knowledge or belief that torture has taken place”. No doubt he thought
that in addition to being an international obligation, that was the least
that decency required. But the Secretary of State insists that this is a
matter of policy which he is free to change or depart from. So the
question remains over whether such evidence is admissible as a matter
of English law.
91.
The answer to that question depends upon the purpose of the rule
excluding evidence obtained by torture, which, as we have seen, the
Secretary of State largely admits to exist. Is it to discipline the
executive agents of the state by demonstrating that no advantage will
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