The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 30
Paragraph
Paragraph text
The admission of evidence, including real evidence obtained through a violation of the absolute prohibition of torture and other ill-treatment in any proceedings, constitutes an incentive for law enforcement officers to use investigative methods that breach those absolute prohibitions. It indirectly legitimizes such conduct and objectively dilutes the absolute nature of the prohibition. The exclusionary rule is not limited to criminal proceedings but extends to military commissions, immigration boards and other administrative or civil proceedings. Moreover, the use of the phrase "any proceedings" suggests that a broader range of processes is intended to be covered; essentially, any formal decision-making by State officials based on any type of information.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment