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EL HASKI v. BELGIUM JUDGMENT
criticised by both governmental and non-governmental organisations for
torture and ill-treatment inflicted systematically on persons charged with
acts of terrorism after the Casablanca bombings in May 2003. The
individuals who had given the statements incriminating the applicant had
precisely been prosecuted in that context and during that period.
He then pointed out that, before the Belgian courts, he had relied on the
following evidence to show the existence of torture:
- Reports condemning a systematic practice of ill-treatment of suspects in
the months following the Casablanca bombings, in particular the Human
Rights Watch report of 2005 (entitled “Morocco’s Truth Commission:
Honoring Past Victims during an Uncertain Present”), which noted that,
according to various human rights organisations, over 2,000 suspected
Islamists had been detained, many in secret detention, for days or even
weeks, and had been subjected by the police to various forms of illtreatment, and in some cases torture, in order to extract confessions.
- The fact that the individuals in question had complained of acts of torture
and inhuman or degrading treatment – in particular a certain N., who had
apparently been arrested in Mauritania and had been held in secret detention
for several months – and that the Moroccan authorities had not carried out
any investigation in response to those allegations.
- The fact that they had been held in police custody for twelve days, under
the Terrorism Act of 28 May 2003, applied retroactively.
- The fact that the Moroccan proceedings had taken place in a hurried
manner, without the use of conventional methods of investigation.
...
73. In the applicant’s submission, in view of the likelihood of his
allegations relating to the statements taken in Morocco and France, Article 6
of the Convention obliged the Belgian courts either to carry out
investigations into those allegations – the principle of the prohibition of
torture triggering an obligation to investigate – or to exclude the evidence in
question.
B. Observations of third-party interveners
1. The United Kingdom Government
74. Referring to the Court’s case-law, the United Kingdom Government
invited the Court to confirm the existence, for the purposes of Article 6 of
the Convention, of an “exclusionary rule” on statements that had been
obtained directly by torture, with the result that a violation of this Article
should be found where the rule applied, irrespective of the overall fairness
of the proceedings.
However, referring in particular to the decision in Sharkunov and
Mezentsev v. Russia (no. 75330/01, 2 July 2009), they further asked the
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