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33.
Article 15 of the CAT stipulates an exclusionary rule relating to statements extracted
through 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, except against
a person accused of torture as evidence that the statement was made.
34.
The Supreme Court Chamber considers that the normative content of Article 15 of the
CAT is sufficiently precise not to depend on implementing legislation for it becoming
operative. 64 Further, in accordance with the Cambodian Constitution, it is directly applicable
in Cambodia, given that Cambodia ratified the CAT on 15 October 1992 and that Article
31(1) of the Cambodian Constitution provides that "[t]he Kingdom of Cambodia shall
recognize and respect human rights as stipulated in the United Nations Charter, the Universal
Declaration of Human Rights, the covenants and conventions related to human rights,
women's and children's rights".65 This finding confirms conclusions expressed in the
be admissible if: (a) The violation casts substantial doubt on the reliability of the evidence; or (b) The admission
of the evidence would be antithetical to and would seriously damage the integrity of the proceedings");
International Criminal Tribunal for the former Yugoslavia (ICTY), Rules of Procedure and Evidence,
IT/32/Rev. 50, adopted on 11 February 1994, amended on 8 July 2015 ("ICTY RPE"), Rule 95 and International
Criminal Tribunal for Rwanda (ICTR) Rules of Procedure and Evidence, adopted on 29 June 1995, amended on
13 May 2015 ("ICTR RPE"), Rule 95 ("No evidence shall be admissible if obtained by methods which cast
substantial doubt on its reliability or if its admission is antithetical to, and would seriously damage, the integrity
of the proceedings"); Special Court for Sierra Leone (SCSL), Rules of Procedure and Evidence, adopted on 16
January 2002, amended on 31 May 2012, Rule 95 ("No evidence shall be admitted ifits admission would bring
the administration of justice into serious disrepute"); United Nations Transitional Administration in East Timor
(UNTAET), Regulation No. 2000/30 On Transitional Rules of Criminal Procedure, UNTAET/REGI2000/30,
adopted on 25 September 2000, amended on 14 September 2001, Rule 34(2) ("The Court may exclude any
evidence if its probative value is substantially outweighed by its prejudicial effect, or is unnecessarily
cumulative with other evidence. No evidence shall be admitted if obtained by methods that cast substantial
doubt on its reliability or if its admission is antithetical to, and would seriously damage, the integrity of the
proceedings, including without limitation evidence obtained through torture, coercion or threats to moral or
physical integrity"); Special Tribunal for Lebanon (STL), Rules of Procedure and Evidence, adopted on 20
March 2009, amended on 12 February 2015, Rule 162 (Exclusion of Certain Evidence: ("(A) No evidence shall
be admissible if obtained by methods which cast substantial doubt on its reliability or if its admission is
antithetical to, and would seriously damage, the integrity of the proceedings, (B) In particular, evidence shall be
excluded if it has been obtained in violation of international standards on human rights, including the prohibition
of torture").
64 The SCC notes the that the opening words of Article 15 of the CAT do not imply that implementing
legislation is necessary; rather, they signal deference to new or existing legislation that States Parties' legal
systems may enact for the implementation of the obligations arising from the provision (see Committee Against
Torture ("CAT Committee"), Guidelines on the Form and Content of Initial Reports Under Article 19 to be
Submitted by States Parties to the Convention Against Torture, CAT/C/4/Rev.318, July 2005, para 24). In this
regard, it is of note that, upon ratifying the CAT in 1987, Austria declared that it "regards article 15 as the legal
basis for the inadmissibility provided for therein of the use of statements which are established to have been
made as a result of torture", conversely, the United States of America declared, upon ratifying the CAT, that it
considered that "articles 1 through 16 of the Convention are not self-executing" (Multilateral Treaties Deposited
with the Secretary-General, Status as at 1 April 2009,Vol. I Part I, ST/LEG/SER.EI26, United Nations
Publication 2009, pp. 360, 363-4).
65 On the domestic applicability of international human rights treaties in Cambodia, see the decision of the
Cambodian Constitutional Council, Case No. 131/00312007, Decision No. 092/00312007, 10 July 2007. This
decision was noted with approval by the CAT Committee, which understood it to mean "that international
DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS
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