Contents

I.

INTRODUCTION

2

II.

PRELIMINARY CONSIDERATIONS

3

III.

THE DUTY TO PREVENT TORTURE

4

IV.

THE PRINCIPLE OF THE NON-ADMISSIBILITY OF EVIDENCE EXTRACTED BY
TORTURE

6

A.
B.
C.
D.
E.

HISTORY/LEGAL FRAMEWORK
6
ABSOLUTE AND NON-DEROGABLE NATURE
9
PURPOSE AND RELATIONSHIP WITH FAIR TRIAL RIGHTS
10
THE BURDEN OF PROOF: STATES HAVE A POSITIVE DUTY TO ENSURE THAT EVIDENCE WAS NOT
OBTAINED BY TORTURE
13
THE APPLICATION OF THE PRINCIPLE OF NON-ADMISSIBILITY OF EVIDENCE OBTAINED BY TORTURE
TO OTHER FORMS OF ILL-TREATMENT
17

V.

THE EVIDENTIARY VALUE OF CONFESSIONS

18

VI.

CONCLUSION

20

1

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