The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 38
Párrafo- Paragraph text
- Such policies not only weaken the absolute prohibition of torture or other ill-treatment, but also create a market for information tainted by torture. Inevitably, they raise the question of complicity in torture or other ill-treatment and require a reassessment of the overall responsibility of all States to prevent and discourage acts of torture and ill-treatment. All States refuse to subject the work of their intelligence and security agencies to scrutiny or international oversight. Similarly, domestic courts follow this lead and reject motions to submit these executive practices to judicial review, even when the issue is the absolute prohibition of torture. This leads to the erroneous conclusion that the collection, sharing and receiving by the executive agencies of information tainted by torture is not subject to international law. There are numerous examples of the use of torture or other ill-treatment when there was no intention of using any of the information gained from that ill-treatment in subsequent legal proceedings, in which it would a priori be subjected to scrutiny and exclusion, for instance in administrative or preventive measures or sanctions against individuals or organizations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
- Tipo de párrafo
- Other
- Paragraph number
- 38
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Fecha de adición
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