Kingdom because it was entirely compatible with our own law. The use
of such evidence is excluded not on grounds of its unreliability – if that
was the only objection to it, it would go to its weight, not to its
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. It has no place in the defence of freedom and
democracy, whose very existence depends on the denial of the use of
such methods to the executive.
113. Once torture has become acclimatised in a legal system it spreads
like an infectious disease, hardening and brutalising those who have
become accustomed to its use: Holdsworth, A History of English Law,
vol v, p 194. As Jackson J in his dissenting opinion in Korematsu v
United States, 323 US 214 (1944), 246 declared, once judicial approval
is given to such conduct, it lies about like a loaded weapon ready for the
hand of any authority that can bring forward a plausible claim of an
urgent need. A single instance, if approved to meet the threat of
international terrorism, would establish a principle with the power to
grow and expand so that everything that falls within it would be
regarded as acceptable. Without hesitation I would hold that, subject to
the single exception referred to in article 15, the admission of any
statements obtained by this means against third parties is absolutely
precluded in any proceedings as evidence. I would apply this rule
irrespective of where, or by whom, the torture was administered.
The issue for SIAC
114. Rule 44(3) of the Special Immigration Appeals Commission
(Procedure) Rules 2003 (2003/1034) provides that the Commission may
receive evidence that would not be admissible in a court of law. But I
consider, in agreement with all your Lordships, that this rule is
incompatible with the fundamental nature of the objection to the
admission of statements obtained by the use of torture, wherever it was
administered, and that it does not extend to them. That being the nature
of the objection, the question whether it can be overridden and, if so, in
what circumstances must be left to the legislature. This is not a matter
that can be left to implication. Nothing short of an express provision
will do, to which Parliament has unequivocally committed itself.
115. There are ample grounds for suspecting that the use of torture on
detainees suspected of involvement in international terrorism is
widespread in countries with whom the security services of the United
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