my noble and learned friends, Lord Hope of Craighead and Lord Brown
of Eaton-under-Heywood, that SIAC should ask itself whether it is
established, by means of such diligent inquiries into the sources as it is
practicable to carry out, and on the balance of probabilities, that the
information relied on by the Secretary of State was obtained under
torture.
LORD CARSWELL
My Lords,
146. The abhorrence felt by civilised nations for the use of torture is
amply demonstrated by the material comprehensively set out in the
opinion of my noble and learned friend Lord Bingham of Cornhill.
While it is regrettably still practised by some states, the condemnation
expressed in all of the international instruments to which he has referred
is universal. Some of these adjure states to do their utmost to ensure
that torture does not take place, while others urge them not to admit in
evidence in any proceedings statements obtained by the use of torture.
147. The objections to the admission of evidence obtained by the use
of torture are twofold, based, first, on its inherent unreliability and,
secondly, on the morality of giving any countenance to the practice.
The unreliability of such evidence is notorious: in most cases one cannot
tell whether correct information has been wrung out of the victim of
torture – which undoubtedly occurred distressingly often in Gestapo
interrogations in occupied territories in the Second World War – or
whether, as is frequently suspected, the victim has told the torturers
what they want to hear in the hope of relieving his suffering. Reliable
testimony of the latter comes from Senator John McCain of Arizona,
who when tortured in Vietnam to provide the names of the members of
his flight squadron, listed to his interrogators the offensive line of the
Green Bay Packers football team, in his own words, “knowing that
providing them false information was sufficient to suspend the abuse”:
Newsweek, November 21, 2005, p 50.
148. The moral issue arises most acutely when it is established from
other evidence that the information obtained under torture appears in
fact to be true. Should the legal system admit it in evidence in legal
proceedings (where as a matter of law such hearsay evidence may be
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