The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 67
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The Special Rapporteur holds that the defendant must only advance a plausible reason as to why the evidence may have been procured by torture or other ill-treatment. Thereafter the burden of proof must shift to the State and the courts must inquire as to whether there is a real risk that the evidence has been obtained by unlawful means. If there is a real risk, the evidence must not be admitted.
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Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment