002/19-09-2007-ECCC-OCIJ-PTC 27. Each State Party shall ensure that any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment shall not be invoked as evidence against the person concerned or against any other person in any proceedings.21 28. Several states, including the United Kingdom, Austria and the USA, suggested amending this provision so as to make an exception to the exclusionary rule, in the case of persons accused of torture. For instance, the USA suggested the following version of the exclusionary role: ‘Each State party shall take such measures as may be necessary to assure that any statement which is established to have been made as a result of torture shall not be invoked as evidence against any person in any proceedings except that it may be invoked in evidence against a person accused of having obtained such statement by torture’.22 29. Responding to these concerns, Article 15 of the revised Swedish Draft Convention read as follows: ‘Each State party shall take such measures as may be necessary to assure that any statement which is established to have been made as a result of torture shall not be invoked as evidence against any person in any proceedings except that it may be invoked in evidence against a person accused of having obtained such statement by torture.’23 30. It should be noted that Article VII of the Draft Convention for the Prevention and Suppression of Torture, submitted by the International Association of Penal Law in January 1978, similarly provided: ‘Any oral or written statement or confession obtained by means of torture or any other evidence derived therefrom shall have no legal effect whatever and shall not be invoked in any judicial or administrative proceedings, except against a person accused of obtaining it by torture’.24 31. The open-ended Working Group established by the Commission on Human Rights in 198025 to draft the Convention had before it the revised Swedish draft quoted above, and its report relates:‘With respect to Article 15, one delegate drew the attention of the Working Group to Article 12 of the Declaration on the Protection of all Persons from being Subjected to Torture and other Cruel, Inhuman or Degrading Treatment or 21 UN Doc E/CN.4/1285, 18 January 1978. Summary Prepared by UN SG in Accordance with Commission Res’n 18 (XXXIV), UN Doc. E/CN.4/1314, 19 Dec. 1978, 22. 23 UN Doc. E/CN.4/WG/1/WP.1, 16 February 1979. 24 UN Doc. E/CN.4/NGO/213, 15 Jan. 1978. 25 Commission on Human Rights, decision 1 (XXXVI) at its 1526th meeting on 5 February 1980. 22 Amicus Curie Application (AI, ICJ, REDRESS) 9/15