002/19-09-2007-ECCC-OCIJ-PTC
wholly inconsistent not only with the express terms, but also the object and purpose, of
the UNCAT.
A. The Ordinary Meaning of the Language in the Article 15 Exclusionary Rule Prohibits
the Use of Statements Obtained by Torture Under Any Circumstances Whatsoever
Except as Evidence That The Statements Were Made
18. Article 15 is structured simply and clearly, providing for: a) A general exclusionary rule;
b) An ad hominem exception to that rule; and c) A restriction on the scope that exception.
19. To elaborate, Article 15 provides: a) That states parties “shall ensure that any statement
which is established to have been made as a result of torture shall not be invoked as
evidence in any proceedings”; b) hat this general rule notwithstanding, such statements
may be invoked in proceedings as evidence “against a person accused of torture”; and c)
That such invocation be restricted to one type of use only, namely “as evidence that the
statement was made”.
20. The formulation “except against a person accused of torture as evidence that the statement
was made” is unequivocally cumulative, namely, providing for only one, specified
category of persons for whom the exception to the exclusionary rule applies and for only
one, specified use of statements obtained by torture against such persons.
21. The drafting history of Article 15, discussed immediately below, has seen both attempts to
create an exclusionary rule with a narrower remit ratione personae, that would prohibit
the use of statements obtained by torture only against the torture victim, and 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. All
such attempts have failed. The result is that all three elements listed above are essential to
this Article, none can be overlooked without breaching it.
B. Drafters Rejected Attempts to Create a Narrower Exclusionary Rule (Ratione
Personae) so as to Prohibit the Use of Statements Obtained by Torture only Against the
Torture Victim
22. As will be seen below, Article 15 of the UNCAT is based upon Article 12 of the UN
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment of 1975. The drafting of that
Declaration took place earlier that year, during the Fifth United Nations Congress On the
Amicus Curie Application (AI, ICJ, REDRESS)
7/15