torture and ill-treatment.144 In May 2008, the UN Committee Against Torture expressed its concern about DRS counterterrorism activities, including numerous reports of torture and illtreatment.145 The use of Benyamina’s statement—made under conditions French authorities were likely fully aware of—first in the investigative phase and subsequently at trial illustrates a systemic failure to challenge information from countries with known records for unlawful practices. Use of torture evidence at trial against the victims of the abuse Insufficient judicial verification of intelligence material in terrorism investigations also heightens the risk that statements obtained in third countries under torture or ill-treatment may be introduced as evidence at trial. French criminal law is founded on the principle of “free proof” – any kind of evidence may be admissible as long as it was obtained lawfully. Though the criminal code of procedure does not explicitly prohibit the use of torture evidence, France has argued before the UN Committee Against Torture that it is nonetheless excluded by virtue of France’s international obligations: The judge must evaluate the evidence in the course of the trial taking into consideration jurisprudence and the international instruments France has ratified, including the Convention against Torture. According to French jurisprudence, evidence which the judge establishes to have an unfair or illegal character are inadmissible. Consequently, all evidence obtained through torture is rejected.146 In practice, however, torture evidence from third countries has been introduced and deemed admissible in French courts. Djamel Beghal, an Algerian, was convicted in March 2004 of membership in a terrorist organization, based in part on statements he made under torture and ill-treatment in the United Arab Emirates, where he was arrested in September 2001.147 These statements were not excluded at trial. Beghal credibly asserted he was subjected to harrowing treatment while in UAE custody, including freezing temperatures, beatings on the 144 Amnesty International, “Unrestrained Powers: Torture by Algeria’s Military Security,” AI Index: MDE 28/004/2006, July 10, 2006, http://web.amnesty.org/library/index/ENGMDE280042006 (accessed September 1, 2006). 145 UN Committee Against Torture, Concluding Observations: Algeria, CAT/C/DZA/CO/3, May 26, 2008, http://www.unhcr.org/refworld/publisher,CAT,,DZA,48c637982,0.html (accessed September 18, 2009), para. 4. 146 UN Committee Against Torture, Thirty-fifth Session, Partial analytical summary record of the first part (public) of the 684th sitting held at Palais des Nations, Geneva, Friday November 18, 2005, http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/7215c82a0f292e07c12570c7002f2dba/$FILE/G05 45061.pdf (accessed February 22, 2010), para. 18. Human Rights Watch translation. 147 Beghal’s acquired French nationality was rescinded in December 2006, after his conviction. 51 Human Rights Watch | June 2010