002/19-09-2007-ECCC-OCIJ-PTC Prevention of Crime and the Treatment of Offenders, which had been assigned that task by a UN General Assembly resolution.15 23. During the deliberations of the Congress,16 Article 12 of the Draft Declaration that was presented to the Congress by an informal intersessional working group authorised by its Steering Committee,17 as follows: ‘Any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment may not be invoked as evidence against the person concerned in any proceedings’.18 [emphasis added]. However, reservations were expressed to the narrowness of this rule during the deliberations of the Congress. According to the Congress’ Secretariat report: “With respect to Article 12, some participants suggested that it be amended to reflect the fact that statements made as a result of torture or other cruel, inhuman or degrading treatment or punishment should not be used as evidence against a victim of torture “or any other person.”19 24. The text of the Draft Declaration recommended to the UN General Assembly, and adopted by it verbatim later that year, reflected these concerns, and made the requested addition to its Article 12, which now reads: ‘Any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment may not be invoked as evidence against the person concerned or against any other person in any proceedings’.20 25. No attempts were made to re-introduce a version of the exclusionary rule which would narrow it to use against torture victims during the drafting of the UNCAT. C. The Drafters Rejected All Attempts to Create a Narrower Exclusionary Rule (Ratione Materiae), so as to Allow Unlimited Use of Statements Obtained by Torture, so long as it is Against the Person Accused of Torture 26. Article 13 of the original Draft Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment presented by Sweden, read as follows, its substantive part being in perfect concurrence with that of Article 12 of the Declaration: 15 UNGA Res. 3218 (XXIX), 6 November 1974, para. 4. UN, Dep’t of Economic and Social Affairs, 5th UN Congress On the Prevention of Crime and the Treatment of Offenders, A/CONF.56/10, Geneva, 1-12 Sept. 1975, Report prepared by Secretariat (NY: UN, 1976), paras. 290-301, pp. 36-40. 17 See ibid., paras. 290-2, pp. 36-7. For the full text of that draft see ibid., para. 292, pp. 37-8. 18 Ibid., para. 292, p. 38. 19 Ibid., para. 295, p. 38. 20 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted by General Assembly resolution 3452 (XXX) of 9 December 1975. 16 Amicus Curie Application (AI, ICJ, REDRESS) 8/15