The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 55
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The Special Rapporteur therefore finds that the receiving States are responsible because their policies and practices serve to maintain the situation of illegality, which constitutes a serious breach of the peremptory norm prohibiting torture and other ill-treatment and is irreconcilable with the obligation erga omnes of States to cooperate in the eradication of torture. Even if ultimately not used, and therefore not under scrutiny, the receipt of information tainted by torture or other ill-treatment, involving countries with a poor human rights record, condones torture or ill-treatment, makes it less likely that a State concerned will speak out against such practices and leads to State responsibility for complicity in torture and in the commission of internationally wrongful acts.
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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