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