The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 73
Paragraph- Paragraph text
- The Special Rapporteur is of the opinion that the aim of preventing and discouraging torture and other ill-treatment by rendering their products useless in legal proceedings is one strong policy objective of the exclusionary rule. If executive agencies are free to use information obtained by torture or other ill-treatment for other purposes, that constitutes an incentive to torture or ill-treatment in clear contradiction to the object and purpose of the absolute prohibition of such acts, including during interrogation. There is a clear affirmative obligation to prevent torture and ill-treatment that includes actions the State takes in its own jurisdiction to prevent torture or other ill-treatment in another jurisdiction. Thus, an interpretation focused on the objective of the norm demands that the collection, sharing and receiving of tainted information be banned, because otherwise the purpose of preventing and discouraging torture and other ill-treatment is negated. It is not sufficient to ensure that the judicial process is free from the taint of torture; torture must not be acquiesced in, encouraged or condoned in any manifestations of public power, whether executive or judicial.
- 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
- Conclusion / Recommendation
- Paragraph info
- Conclusion / Recommendation
- Paragraph number
- 73
sorted by
Date added
88 relationships, 88 entities