The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 26
Paragraph- Paragraph text
- Although the exclusionary rule is not expressly listed among the rules that apply both to torture and to cruel, inhuman or degrading treatment, the Committee against Torture, as the authoritative interpreter of the Convention, has made it clear that statements and confessions obtained under all forms of ill-treatment must be excluded. That ambiguity has led some courts to decide that the exclusionary rule does not apply when the ill-treatment that has resulted in a confession does not reach the gravity required for torture. The Human Rights Committee has authoritatively interpreted article 7 of the International Covenant on Civil and Political Rights and found that the exclusionary rule applies to both torture and other ill-treatment. Similarly, the Committee against Torture in its general comment No. 2 (para. 6), has held that "articles 3 to 15 of the Convention are likewise obligatory as applied to both torture and other ill-treatment" and article 12 of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment explicitly excludes statements made under cruel, inhuman or degrading treatment or punishment.
- 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
- 26
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