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 -55-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents