002/19-09-2007-ECCC-OCIJ-PTC 6.2. Whether files and documents containing “confessions” obtained by torture may include material that is admissible; and 6.3. Whether statements obtained by torture may be used in the Chambers for purposes other than as evidence that the statements were made. I. Statements Obtained By Torture May be Used (As Evidence that the Statements were Made) Against Any Person Accused of Torture 7. According to rules of general international law pertaining to the interpretation of international treaties, a treaty provision should be understood in accordance with “the natural meaning of the words”3 therein or their “ordinary meaning”.4 8. Article 15 of the UNCAT provides: “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” 9. In view of this Article’s plain and clear language, the only pertinent questions are, first, whether or not the person in question has been accused of torture (this will be dealt with in Part I); and second, whether the statement is presented only for the purpose of demonstrating that it was made (as part of the proof of the act of torture through which it was procured) and not in any way for the truth of its contents (see Part III below). 10. As a preliminary point, it is a fundamental and undisputed principle of criminal law in general, and international criminal law in particular, that responsibility for crimes is not limited to those who have physically committed the criminal act; rather, it extends, among others, to those who have ordered, solicited or induced the commission of a crime, or aided, abetted or otherwise assisted in its commission, as the case may be.5 11. According to the doctrine of “command responsibility”, senior officials can be held criminally responsible for the acts of their subordinates, where they were in a position to prevent or punish the subordinates' crimes and failed to do so, irrespective of whether the senior official himself gave an order to the commit the crime in question.6 Equally, low3 This phrase was used by the Permanent Court of International Justice regarding the term ‘établis’ in the Lausanne Agreement in Exchange of Greek and Turkish Populations Case, Advisory Opinion of 21 February 1925, PCIJ, Series B-10, p. 19. 4 Vienna Convention on the Law of Treaties (1969), Art. 31(1). 5 See e.g., Arts. 6(1), 6(2) of the Statute of the International Criminal Tribunal for Rwanda, UN Doc. S/RES 955, adopted by Security Council on 8 Nov. 1994; Arts. 7(1), 7(2) of the Statute of the International Tribunal for the Former Yugoslavia, adopted by Security Council on 25 May 1993, UN Doc. S/RES/827 (1993); Art. 25(3) of the Rome Statue of the International Criminal Court, adopted on 17 July 1998 (A/CONF.183/9), entered into force 1 July 2002. 6 For example, the UN Committee against Torture stated that it “considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, Amicus Curie Application (AI, ICJ, REDRESS) 4/15

Select target paragraph3