Part 3 101 States have a positive duty to mount an independent and effective investigation whenever there are reasonable grounds to suspect that an act of torture has been committed within their territory.121 While in some countries the chances of being punished swiftly may be slim and in those countries where resort to torture and ill-treatment is systemic a climate of impunity may exist, perpetrators should bear in mind that situations change. Torture is a crime without a statute of limitations and it may be prosecuted in foreign, as well as domestic jurisdictions. Also, in some circumstances international jurisdiction may exist in cases of torture.122 3.5.2 Evidence Obtained by Torture or Ill-treatment is Inadmissible before any Court Any statements made as a result of torture must not be used as evidence in any proceedings, except in the proceedings against the perpetrator of torture.123 This includes statements or confessions obtained through other prohibited treatment.124 Most states have domestic legislation that provides for the exclusion of evidence where there is any doubt about its reliability or about the manner in which it was obtained. Thus, torturing or ill-treating a terrorism suspect will undermine the investigation and prosecution. Case Study – Non-admissibility of evidence obtained through torture or ill-treatment before a court* X is arrested and taken into police custody for suspicion of membership of an illegal organization. He is held for 11 days. In the absence of a lawyer, X makes detailed statements about the organization and its members. He later claims that law enforcement officers tortured him so he would confess. On the last day of his custody, X is examined by a doctor, who indicates that he has severe injuries. X is then brought before a judge, who orders his detention 121 See OSCE commitments and international standards, op. cit., note 21; and CAT, Article 12. 122 The International Criminal Court by virtue of Articles 5 and 7 of the 1998 Rome Statute can have jurisdiction over cases of torture in some circumstances. In addition, a number of countries have, under their domestic legislation, the power to prosecute cases of torture wherever they may have occurred. 123 CAT, Article 15. 124 See for example, HRC, General Comment No. 20, op. cit., note 83, para. 12; and IACHR, Resolution 1/08, op. cit., note 101, Principle V – Due process of law.