intend to rely upon or present evidence where there is a knowledge or
belief that torture has taken place but recommended that this be
appropriately reflected in formal fashion, such as legislative
incorporation or undertaking to Parliament, and that means be provided
whereby an individual could challenge the legality of any evidence
plausibly suspected of having been obtained by torture in any
proceeding.
44.
This recommendation followed the judgment of the Court of
Appeal in these appeals. Concern at the effect of that judgment was also
expressed by the International Commission of Jurists on 28 August
2004, which declared that “Evidence obtained by torture, or other means
which constitute a serious violation of human rights against a defendant
or third party, is ne ver admissible and cannot be relied on in any
proceedings,” and by the Council of Europe Commissioner for Human
Rights, Mr Gil-Robles in his Report cited in para 35 above. In a Report
of 9 June 2005 on a visit made to the United Kingdom in March 2004,
the Council of Europe’s Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT/Inf (2005) 10),
para 31, observed:
“31. During the 2004 visit, several persons whom the
delegation met were very concerned that the SIAC could
apparently take into consideration evidence that might
have been obtained elsewhere by coercion, or even by
torture. Such an approach would contravene universal
principles governing the protection of human rights and
the prohibition of torture and other forms of ill-treatment,
to which the United Kingdom has adhered.”
In Resolution 1433, adopted on 26 April 2005, on the Lawfulness of
Detentions by the United States in Guantanamo Bay, the Parliamentary
Assembly of the Council of Europe called on the United States to cease
the practice of rendition and called on member states to respect their
obligation under article 15 of the Torture Convention.
45.
The House has not been referred to any decision, resolution,
agreement or advisory opinion suggesting that a confession or statement
obtained by torture is admissible in legal proceedings if the torture was
inflicted without the participation of the state in whose jurisdiction the
proceedings are held, or that such evidence is admissible in proceedings
related to terrorism.
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