28 March 2012
Support our work: become a Friend of Statewatch from as little as £1/€1 per month.
UK
Court rules
that evidence gathered using torture can be used
The
UK Court of Appeal has ruled that evidence gathered out the UK
using torture can still be used in the courts. The appeal was
lodged by ten men held indefinitely under the Anti-Terrorism,
Crime and Security Act 2001 who do not know most of the evidence
held against them. Eight of the men are held in Belmarsh prison
and high-security psychiatric hospitals. The decision to reject
the appeal overall was unanimous. However, the decision on the
use of evidence gathered by the use of torture was 2-1. It is
intended to appeal against this decision in the House of Lords
(the highest appeal court in the land).
Lord Justice Laws and Lord Justice Pills ruled that evidence gathered by torture could be used in British courts providing that the British state had not itself "procured" it or "connived" in it. The law, they said, could not require the Home Secretary to inquire into the methods used to get information. Lord Justice Laws said that the Home Secretary:
"may be presented with information of great potential importance, where there is, let us say, a suspicion as to the means by which, in another jurisdiction, it has been obtained. What is he to do?"
Lord Justice Neuberger dissented from this view say that a person would not have a fair trial if evidence was gathered by maltreatment, this was particularly so as the person giving the information would not be in court to be cross-examined.
In a press statement the Home Secretary, David Blunkett, welcomed the decision and justified the use of evidence gathered by torture or maltreatment:
"we unreservedly condemn the use of torture and have worked hard with our international partners to eradicate this practice. However, it would be irresponsible not to take appropriate account of any information which could help protect national security and public safety"
Gareth Peirce, the solicitor for eight of the men, said:
"This is a terrifying judgment. It shows we have completely lost our way in this country, morally and legally."
A Guardian editorial said the UK was in danger of becoming a "legal pariah" and:
"What is shocking is to see two of the highest judges in the land ready to ignore these international conventions. International law depends on the mutual respect of member states as a means of enforcement. None of the other 44 states that have incorporated the European convention on human rights has introduced detention without charge or trial, let alone allowed evidence generated by torture."
Guardian: Coverage and Editorial (link)
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.