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

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