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New CTI tool! Best practices excluding torture evidence

Monday, April 27, 2020

The Convention against Torture Initiative (CTI) releases today its 8th tool in its series of implementation tools, on the “Non-admission of evidence obtained by torture and ill-treatment: Procedures and practices”.

CTI’s latest tool offers guidance to States on how to implement effectively Article 15 of the UNCAT, which prohibits the admission of evidence obtained by torture in any proceedings.

CTI’s new tool is tailored to State policy-makers, police investigators, prosecutors, medical practitioners and judges, and explains not only the important rationale of Article 15 for the overall effectiveness of investigations and court proceedings, but shares a range of positive State practices. The tool clarifies that the rule of non-admission of the use of evidence obtained by torture

puts an important break on corrupt practices, removes one of the primary incentives for abuse, and safeguards due process rights and the fairness of court proceedings. Applying this rule helps dismantle unreliable confession-based policing and results in better and more reliable evidence gathering and investigations.”

The tool’s compilation of good State practices are drawn from 24 countries from all geographical regions and showcase legislative, policy and practical ways the “exclusionary rule” is being respected.

Dr. Alice Edwards, Head of the CTI Secretariat, commenting on the important tool, noted:

The general rule against admitting evidence obtained by torture into court proceedings is a turnkey provision of the UN Convention against Torture, and one that is, very positively, found in many national laws, procedures and practices. By offering practical advice to national practitioners, drawing on existing examples, our aim with this tool is to assist States in their efforts to operationalize this fundamental rule.”

The tool was kindly prepared for CTI by REDRESS.

You can read the tool in English here. Other language versions will be available soon.

Background

CTI 'UNCAT Implementation Tools’ are part of a series of practical tools designed to share good practices among States on the implementation of UNCAT, by offering thematic guidance and ideas for State practitioners and policymakers.

For more information or technical queries, please contact CTI's remote help desk at helpdesk@cti2024.org.

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