002/19-09-2007-ECCC-OCIJ-PTC
judicial proceedings are judicial proceedings, whatever their purpose — the former can
never be admissible in the latter.”28
D. Article 15 in its Entirety is Echoed in International Jurisprudence
37. None of the 146 states party to the UNCAT have entered reservations to Article 15, or any
understandings to the effect that statements obtained by torture may be used in any way
other than as evidence that the statements were made.29
38. As will be seen from the brief and non-exhaustive review immediately below, resolutions
by UN and other international bodies, regional instruments, and international and regional
jurisprudence all uphold the Article 15 rule in its entirety.
39. Both the UN General Assembly and the Human Rights Council have urged states to
ensure that no statements “established to have been made as a result of torture” are
“invoked as evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made.30 [emphasis added]
40. In its authoritative General Comment on the right to equality before courts and tribunals
and to a fair trial under the International Covenant on Civil and Political Rights (ICCPR),
to which Cambodia is a state party, the Human Rights Committee, using a slightly
different formula but to an identical effect, stated the following:
‘… as article 7 is also non-derogable in its entirety, no statements or confessions or, in
principle, other evidence obtained in violation of this provision may be invoked as
evidence in any proceedings covered by article 14, including during a state of
emergency, except if a statement or confession obtained in violation of article 7 is
used as evidence that torture or other treatment prohibited by this provision
occurred.’31 [emphasis added]
41. Article 10 of the Inter-American Convention to Prevent and Punish Torture similarly
provides: ‘No statement that is verified as having been obtained through torture shall be
admissible as evidence in a legal proceeding, except in a legal action taken against a
person or persons accused of having elicited it through acts of torture, and only as
evidence that the accused obtained such statement by such means.’32 [emphasis added]
28
A and Others, para. 35
Only Austria made a declaration on that Article, to the effect 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.”
30
UN GA Res’n 62/148: Torture and other cruel, inhuman or degrading treatment or punishment, 4 March 2008, para. 10.
See also UN GA Res’n 61/153: 14 Feb. 2007, para. 7; UN GA Res’n 59/182, 20 Dec. 2004, para. 6; HR Council, Res’n 8/8.
Torture and other cruel, inhuman or degrading treatment or punishment, 28th meeting, 18 June 2008, para. 6(c).
31
HR Committee, Gen. Comm. No. 32, Art. 14, UN Doc. CCPR/C/GC/32, 23 August 2007, para. 6 (footnotes omitted).
32
Inter-American Convention to Prevent and Punish Torture, 9 December 1985, OAS Treaty Series, No. 67.
29
Amicus Curie Application (AI, ICJ, REDRESS)
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