01213198
E350/S.1
24. Third, the exclusionary rule is also meant to preserve the integrity of the proceedings by
preventing the Chamber from according any judicial legitimacy to the abhorrent conduct
which procured the evidence?5 The preservation of the integrity of proceedings is another
strong argument for a narrow reading of Article 15. Permitting the parties to refer to the
statement as proof that it was made under torture allows the Chamber to evaluate allegations
of torture, without according any legitimacy to the practice oftorture?6
25. In sum, Article 15 is meant to ensure that no information from a statement obtained by
torture is used as evidence in proceedings. This prohibition is absolute. The "exception" does
not take away from this. Its only objective is to allow the establishment of the existence of
such a statement as proof that torture occurred.
26. Any interpretation that reads Article 15 too broadly risks undermining the purpose of the
general rule. Given that this rule gives effect to one of the most important protections in
international law, any attempt to narrow its applicability, or create ambiguity about its
application, needs to be viewed with the utmost caution. The risk of creating a slippery slope
and eventually weakening the protection is ever present.
25
A and Others, House of Lords, [2005] UKHL 71, Lord Bingham, para. 39 (noting appellant's contention
that permitting use of torture-tainted statement would infringe the party's rights and the fairness of the
proceedings, shock the judicial conscience, abuse or degrade the proceedings and involve the state in moral
defilement."); Rome Statute, Article 69(7)(prohibiting the use of evidence obtained in violation of internationally
recognized human rights where the violation cases substantial doubt on the reliability of the evidence or the
admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.)
26
See para. 8.
Reasons for Partially Dissenting Opinion of Judge Fenz - Public - 11 March 2016
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