The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 54
Paragraph- Paragraph text
- Collecting, sharing or receiving information from a country that is known, or ought to be known, to use torture in a widespread or systematic way is turning a blind eye to what goes on and is tantamount to complicity in torture, as it tacitly acknowledges the illegal situation and fails to prevent and discourage the use of torture. Systematic or widespread violations include torture, both as a State policy and as a practice by public authorities, over which a Government has no effective control. Thus, if a State is known to torture detainees, or specific categories of detainees, systematically, no other State may actively collect, share or recognize any information it receives from an agency of that State as "lawfully obtained", nor may it "passively" accept such information. In addition, collecting, sharing or receiving information from a State that is known, or ought to be known, to use torture in a widespread or systematic way would also trigger State responsibility under draft article 41 on the responsibility of States for internationally wrongful acts. Commentaries of the International Law Commission specify that the non-recognition obligation contained in draft article 41, paragraph 2, also prohibits acts which would imply such recognition.
- 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
- Persons on the move
- Year
- 2014
- Paragraph type
- Other
- Paragraph number
- 54
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