9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) person who is not a party to the proceedings as a result of torture inflicted by the agents of a foreign state. 70. Article 3 of the Convention provides: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment". 71. It is not suggested that the Appellants have been tortured. They were not even interviewed before certificates were issued. The submission is that, in performing his duty under Section 21 of the 2001 Act, the Secretary of State may have relied on material, in statements from witnesses, which had been obtained by authorities in other jurisdictions using methods which involved breaches of Article 3. In performing its task under Section 25(2), the Commission should ensure, it is submitted, that, when issuing a certificate under Section 21, the Respondent has not relied on material so obtained. The routes to the exclusionary rule and UNCAT 72. The exclusionary rule, it is submitted, arises by one of three routes. Put at this stage in summary form they are: the common law, Article 6 of the Convention and the need to construe the 2003 Rules consistently with the Convention. In each case the law is to be informed by Article 15 of the United Nations Convention Against Torture 1984 ("UNCAT"), to which the United Kingdom is a party. 73. Article 1(1) of UNCAT defines torture: "For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions." 74. Article 15 provides: "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." 75. Article 16 provides: "Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in Article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in Articles 10, 11, 12 and 13 shall apply with substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment." Thus Article 16 introduces the forms of ill-treatment other than torture mentioned in Article 3 of the Convention but does not apply to them the exclusionary provision applied to torture in Article 15. 76. The Articles mentioned in Article 16 require states to include comprehensive measures in their judicial and administrative systems. Article 11 provides, for example, that states "shall keep under systematic review interrogation rules, instructions, methods and practices….. with a view to preventing any cases of torture". http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 17/113