002/19-09-2007-ECCC-OCIJ-PTC admissibility – but on grounds of its barbarism, its illegality and its inhumanity. The law will not lend its support to the use of torture for any purpose whatever’.43 CONCLUSIONS 55. The prohibition on the use of the contents of a statement obtained by torture as a source of information for courts to consider is absolute, reflecting as well as supporting the absolute prohibition on torture itself. This prohibition applies both to direct and to derivative information. This exclusionary rule rests on a variety of grounds, not least fair trial considerations and the moral repugnance at the prospect of adopting torturers’ ‘endjustifies-the-means’ approach by using the torturer’s creation – the “confession” – to achieve what is otherwise the legitimate aim of prosecuting suspected offenders. 56. The unequivocal rejection of any use of the contents of a statement obtained by torture is reflected in the drafting of the UN Convention against Torture, in the jurisprudence of national and international courts and human rights treaty-monitoring bodies and in academic writings. 57. The Applicants urge the Pre-Trial Chamber to reject any attempts to admit statements obtained by torture as evidence in any proceedings, except against any person accused of torture, including commanders and other superiors accused of bearing responsibility, as evidence that the statement was made. The Applicants urge the Chamber to apply this prohibition to both direct and derivative information. Inadmissibility is limited to statements obtained by torture and does not extend automatically to all related material which does not form part of these statements. The admissibility of such material could nevertheless be challenged, either on grounds that it does form part of statements obtained by torture, that it was itself obtained by torture or on other independent grounds. Respectfully submitted, In London, United Kingdom, 25 September 2009 Widney Brown Ian Seiderman Carla Ferstman Senior Director, Int’l Law and Policy Senior Legal and Policy Advisor Director Amnesty International International Commission of Jurists REDRESS 43 Ibid., para. 112. Amicus Curie Application (AI, ICJ, REDRESS) 15/15

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