Policy recommendations National legislation should contain the necessary provisions to ensure that criminal justice actors, and judges and prosecutors in particular, have the necessary powers to exclude evidence. It is recommended that States have laws, rules and regulations that: 1. 2. 3. 4. 5. 6. 7. 36 Reaffirm the absolute and non-derogable nature of the exclusionary rule;  rovide effective remedies for violations of procedural safeguards, inP cluding the exclusion of evidence, where appropriate; Provide for the review of criminal investigation practices, with a view to promoting professional standards and eliminating confessions as the primary or sole evidence necessary for a prosecution; Provide a clear procedure for the exclusion of torture evidence, with the burden of proof resting on the state; Provide judicial powers to exclude torture-tainted evidence, irrespective of any separate criminal investigation into the allegation of torture; Ensure the prohibition of the exercise of discretion by national authorities about excluding evidence in circumstances where torture or other cruel, inhuman or degrading treatment or punishment is alleged; Ensure that the use of evidence obtained as an indirect result of acts of torture or other cruel, inhuman or degrading treatment or punishment is prohibited and excluded from any proceedings.