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approaches to tackling overreliance on confessions,
as well as some of the many related factors which
may affect whether the prohibition is effective in
practice. Finally, we seek to place the prohibition
within the broader scheme of international law
against torture, considering what criminal or
disciplinary sanctions stem from revelations about
‘torture evidence’, and the broader remedies
and reparations available for victims.
1
Juan E. Mendez, ‘How International Law Can Eradicate Torture: A Response to Cynics’, Southwestern Journal of International Law, 22, no. 2 (2016), pp. 247, 262.
2
In Australia, the research investigated both Australian Commonwealth law (applicable in federal courts) and the state law of Western Australia.
3
The report largely focuses on US federal law and a limited amount of state law that may be applicable in criminal proceedings. It does not address any laws or rules that may
be applicable to US military commissions, administrative proceedings, grand jury and other preliminary proceedings in criminal cases, proceedings after a finding of guilt has
been made or proceedings regarding extradition matters.
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