Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 52
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The exclusionary rule contained in article 15 of the Convention, mandating that States not invoke as evidence in any proceedings statements obtained as a result of torture, is not territorially limited on its face. The exclusionary rule forms a part of, or is derived from, the general and absolute prohibition of torture and other ill-treatment (Human Rights Committee, general comment No. 20 (1992); Committee against Torture, G.K. v. Switzerland) and, as such, is not derogable under any circumstances and will apply to States that are not party to the Convention (A/HRC/25/60). The prohibition is considered a rule of customary international law that flows from the absolute nature of the prohibition of torture. Its object is to discourage and disincentivize torture by disallowing admission of "tainted" evidence and to provide for fair trials.
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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