Chapter 3 – The exclusionary rule Relevant Article from the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Article 15 “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, except against a person accused of torture as evidence that the statement was made.” 8. The Convention requires States parties to explicitly exclude evidence derived by torture in all proceedings The exclusionary rule is a legal safeguard for detainees, providing that evidence seized by law enforcement using torture shall not be subsequently used in any proceeding. Evidence derived by torture is unquestionably tainted given the absolute condemnation of torture. By explicitly stating the exclusionary rule in its legislation, a State takes a significant measure in protecting persons at risk. As a normative function, following the exclusionary rule ensures that the justice system as a whole is untainted by the illegality of individual actors and endorses the respect for human rights and the rule of law inherent in the prohibition of torture. As a practical function, the exclusionary rule bars a potential torturer from benefiting from his or her offence since any evidence produced will be unusable, and thus acts as a deterrent to torture. Article 15 of the Convention explicitly mandates that States parties must enact the exclusionary rule in relation to statements that are procured by means of torture. This applies to all proceedings, except against a person accused of torture in order to prove that the statement was in fact elicited. Concluding observations and jurisprudence of the Committee reiterate the exclusionary rule, recommending that State legislation should explicitly provide that statements obtained as a result of torture may not be used or invoked as evidence in any proceedings.71 In the aftermath of 11th September 2001, when some States sought to adopt more stringent laws and practises related to counterterrorism, the Committee reminded all State parties in its General Comment N°2 that the obligation in article 15 is non-derogable.72 There are many good national laws that put the Convention’s rule into effect. 71 See examples in the CAT, Report of the Committee against Torture 47th-48th sessions (2011-2012), UN Doc. A/67/44, pp. 53, 68, 80, 87 and 156; Report of the Committee against Torture 51st-52nd sessions (2013-2014), UN Doc. A/69/44, p. 127; See also CAT, Ali Aarrass v. Morocco (24 June 2014), UN Doc. CAT/C/52/D/477/2011, § 10.8. 72 CAT, General Comment N°2, op. cit. 1, § 6. 27