01185913 002/19-09-2007-ECCC/SC Doc No. F26/12 measures transcends the items enumerated specifically in the CAT. 76 In this light, the object and purpose of Article 15 of the CAT is primarily to prevent the practice of torture by removing an important incentive for its use, namely the possibility of introducing into any formal proceedings information that was extracted through torture. 77 41. Another rationale for the exclusionary rule is the duty to protect the right of an accused to a fair trial. Here, the most fundamental application of the exclusionary rule disqualifies a confession resulting from torture from being used as evidence against the person who was the victim of torture, as admission of such evidence would manifestly violate the right to silence and to not incriminate oneself, recognised expressly under Article l4(3)(g) of the International Covenant on Civil and Political Rights 78 and derived from Article 6(3) of the European Convention of Human Rights. 79 The ECtHR has declared that "[t]he right not to incriminate oneself, in particular, presupposes that the prosecution in a criminal case seek to prove their case against the accused without resort to evidence obtained through methods of coercion or oppression in defiance of the will of the accused. 80 The right to remain silent and the right against self-incrimination are indeed most vulnerable to violation through torture. For that reason, many municipal systems have adopted express exclusionary rules to cover such situations - such as the one in the Cambodian Constitution. Despite such rules, violations of the prohibition of torture appear to remain widespread, as is evidenced by the large body of human rights jurisprudence in this regard,81 including the jurisprudence of CAT Committee, General Comment No.2, CAT/C/GCI2, 24 January 2008 ("General Comment No.2"), para. 25. 77 See Human Rights Committee, General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), HRI/GEN/1/Rev.9 (Vol. I), 27 May 2008, para 12,"it is important for the discouragement of violations under article 7 that the law must prohibit the use of admissibility in judicial proceedings of statements or confessions obtained through torture [ ... ]"; See also CAT Committee, Second periodic report of Paraguay, Third periodic report of Mexico, CAT IC/SR.289, 26 August 1997, para. 34. At its 289th meeting the Committee Against Torture deplored "the ineffectiveness of efforts to put an end to the practice of torture is the result, inter alia, of the continuing impunity of torturers and the fact that the authorities responsible for the administration of justice continue to admit confessions and statements made under torture as evidence during trials, despite legal provisions explicitly declaring them inadmissible"; and Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N. Doc. A1611259, 14 August 2006 ("Special Rapporteur Report AI611259"), para. 45; Manfred Nowak & Elizabeth McArthur, The United Nations Convention Against Torture: A Commentary, pp. 504, 530. 78 International Covenant on Civil and Political Rights, adopted on 16 December 1966 and entered into force on 23 March 1976, United Nations Treaty Series, vol. 999, p. 171. See also, Human Rights Committee, General Comment No. 13: Article 14 (Administration of Justice), HRIIGEN/1/Rev.9 (Vol. I), 27 May 2008, para. 14. 79 (European) Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on 4 November 1950 and entered into force on 3 September 1953, United Nations Treaty Series, vol. 213 I, No. 2889 (as amended by Protocols Nos. 11 and 14). xo See Giij'gen v. Germany, ECtHR, "Grand Chamber Judgment", App. No. 22978/05, 1 June 2010 ("Giij'gen v. Germany"), para. 168. Xl CAT Committee, Concluding Observations of the Committee Against Torture (Cambodia), CAT/C/KHM/COI2, 20 January 2011, para. 28, where the Committee expressed its concern at reports that the 76 DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS 18/40