The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 24
Paragraph- Paragraph text
- In some States, due to a lack of capacity and expertise in investigating crimes, extracting confessions through ill-treatment or torture is still seen as the most efficient or only way to secure evidence and conviction. In this regard, the Special Rapporteur draws attention to the international standards intended to provide assistance to national law enforcement, including the Code of Conduct for Law Enforcement Officials and the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment. To ensure compliance with international standards, all applicable procedures should be reviewed regularly. During his country visits, the Special Rapporteur has observed that some States are unable to provide information on cases where evidence has been excluded because it was either found to have been obtained under torture, or the national provisions did not accurately reflect the exclusionary rule by, for example, not defining the measures to be taken by courts if evidence appears to have been obtained through torture or other ill-treatment, or by not putting the mechanisms in place by which evidence may be declared inadmissible. The legislation of some countries does meet the standards set by the exclusionary rule, but that is not true of all countries.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 24
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