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