witnesses and suspects is deeply ingrained in our system. The corollary
of the prohibition is that any stateme nts obtained by officials torturing
witnesses or suspects are inadmissible. Most of the considerations of
public policy which lead courts to reject such statements are equally
applicable to torture carried out abroad by foreign officials. The
question for the House is whether that general approach applies to
proceedings in SIAC under the Anti-terrorism, Crime and Security Act
2001 (“the 2001 Act”).
130. Information obtained by torture may be unreliable. But all too
often it will be reliable and of value to the torturer and his masters. That
is why torturers ply their trade. Sadly, the Gestapo rolled up resistance
networks and wiped out their members on the basis of information
extracted under torture. Hence operatives sent to occupied countries
were given suicide pills to prevent them from succumbing to torture and
revealing valuable information about their mission and their contacts. In
short, the torturer is abhorred as a hostis humani generis not because the
information he produces may be unreliable but because of the barbaric
means he uses to extract it.
131. The premise of this appeal is that, despite the United Nations
Convention against Torture and any other obligations under
international law, some states still practise torture. More than that, those
states may supply information based on statements obtained under
torture to the British security services who may find it useful in
unearthing terrorist plots. Moreover, when issuing a certificate under
section 21 of the 2001 Act, the Secretary of State may have to rely on
material that includes such statements.
132. Mr Starmer QC, who appeared for Amnesty and a number of
other interveners, indicated that, in their view, it would be wrong for the
Home Secretary to rely on such statements since it would be tantamount
to condoning the torture by which the statements were obtained. That
stance has the great virtue of coherence; but the coherence is bought at
too dear a price. It would mean that the Home Secretary might have to
fail in one of the first duties of government, to protect people in this
country from potential attack. Not surprisingly therefore, Mr Emmerson
QC for the appellants was at pains to accept that, when deciding whether
to issue a certificate, the Home Secretary was not obliged to check the
origins of any statement and could take it into account even if he knew,
or had reason to suspect, that it had been obtained by torture. But, he
submitted, when SIAC came to discharge its functions under section 25
or 26 of the 2001 Act, in any case where the issue was raised, it could
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