GUIDE ON ANTI-TORTURE LEGISLATION In Cambodia, the code of criminal procedure provides that “Unless it is provided otherwise by law, in criminal cases all evidence is admissible. The court has to consider the value of the evidence submitted for its examination, following the judge’s intimate conviction. The judgment of the court may be based only on the evidence included in the case file or which has been presented at the hearing. A confession shall be considered by the court in the same manner as other evidence. Declaration given under the physical or mental duress shall have no evidentiary value. Evidence emanating from communications between the accused and his lawyer is inadmissible.”73 In Ecuador, the code of criminal procedure provides that evidence cannot be admissible if they were obtained under torture or by any other means that undermined the will of the person.74 In Equatorial Guinea, the Law on the Prevention and Sanctions of Torture forbids the use of confession or information obtained under torture.75 In Guatemala, the criminal procedure code provides that evidence obtained illegally, such as under torture, are not admissible.76 In Madagascar, the anti-torture law clearly states that any statement obtained under torture cannot be used in a court of law.77 In the Act on the Prohibition and Prevention of Torture of the Maldives, the same rule applies: A statement submitted to a Maldivian court, or a statement of confession to a crime, or an admission to an action that was obtained by means of torture will be deemed evidence obtained contrary to laws and regulations. The evidence shall not be used against the accused at any judicial proceeding or process of court.78 The Philippines Anti-Torture Act also provides for the exclusionary rule in section 8 that reads that “any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture”.79 The Convention against Torture Act of Sri Lanka explains that “a confession otherwise inadmissible in any criminal proceedings shall be admissible in any proceedings instituted under this Act, for the purpose only of proving the fact that such confession was made.”80 In South Korea, the criminal procedure act provides that “Confession of a defendant extracted by torture, violence, threat or after prolonged arrest or detention, or which is suspected to have been made involuntarily by means of fraud or other methods, shall not be admitted as evidence of guilt”. 81 73 74 75 76 77 78 79 80 81 28 73 Cambodia, Code of Criminal Procedure of the Kingdom of Cambodia, article 321, available at http://www.wipo.int/wipolex/fr/details.jsp?id=10629 (last accessed February 2007). 74 Ecuador, Code of Criminal Procedure of 2000 (R.O. 360-S of 13 January 2000, article 83, available at http://www.oas.org/juridico/mla/sp/ecu/sp_ecu-int-text-cpp-ro360s.html (last accessed February 2016). 75 Equatorial Guinea, Law on the Prevention and Sanctions of Torture of 2006 (Law N°6/2006, 2 November 2006), article 8, available at http://www.cesge.org/index.php?option=com_ phocadownload&view=category&id=13&Itemid=79# (last accessed February 2016). 76 Guatemala, Criminal Procedure Code of 28 September 1992, article 183, available at https://www.unodc. org/tldb/pdf/Guatemala_Cdigo_Procesal_Penal.pdf (last accessed February 2016). 77 Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, op. cit. 22, article 6. 78 Maldives, Act on the Prohibition and Prevention of Torture 2013, op. cit. 3, article 5. 79 Philippines’ Anti-Torture Act of 2009, op. cit. 4, section 8. 80 Sri Lanka, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act of 1994, op. cit. 39, article 5. 81 South Korea, Criminal Procedure Act (Law N°341 of September 23, 1954, as last amended by Law N°9765 of June 6, 2009), article 309, available at http://www.wipo.int/wipolex/en/details.jsp?id=12936 (last accessed February 2016).