GUIDE ON ANTI-TORTURE LEGISLATION
10. The Committee considers that the burden of proof is on the prosecution
to show that evidence was collected lawfully, where there is
an allegation that evidence was obtained by torture
29
11. The Committee considers that the exclusionary rule applies to
all forms of evidence
30
Summary of the elements – Chapter 3 – The exclusionary rule
Primary elements
30
30
Chapter 4 – Jurisdiction
31
12. The Convention requires States parties to establish competence over
any alleged case of torture committed on territory under their
jurisdiction, or a ship or plane under its flag
31
13. The Convention requires States parties to establish jurisdiction over
any alleged case of torture committed by one of its nationals
32
14. The Convention requires States parties to establish universal jurisdiction
over any alleged offender present in the territory under its jurisdiction 33
15. The Convention and the Committee recommend that States parties
establish jurisdiction over cases where their nationals have been
victim of torture
Summary of the elements – Chapter 4 – Jurisdiction
Primary elements
Recommended elements
34
35
35
35
Chapter 5 – Complaints, investigations, prosecutions and extradition 37
16. The Convention requires States parties to ensure a right to complain to
competent authorities and protect victims and witnesses against
reprisals 38
17. The Convention requires States parties to ensure prompt and impartial
investigations of allegations of torture
39
18. The Convention requires States parties to prosecute alleged
perpetrators of torture, or extradite them
40
19. The Convention requires States parties to enable the extradition of
alleged torturers
41
20. The Convention requires States parties to afford one another mutual
judicial assistance in criminal proceedings related to torture
41
Summary of the elements – Chapter 5 – Complaints, investigations,
prosecutions and extradition
Primary elements
42
42
Chapter 6 – Amnesties, immunity, statute of limitations and other
impediments 43
4
21. The Committee considers that States parties are not to enact any
amnesties which extend to cases of torture
43
22. The Committee considers that immunity for the crime of torture
is to be excluded
44