Expert online exchange on the inadmissibility of evidence tainted by torture

The use of torture not only amounts to an egregious human rights violation in itself, but also leads to other serious human rights violations, including the violation of the right to a fair trial. The use of torture, and evidence obtained by torture, taints the entire criminal justice process, eroding the rule of law and public trust in the system’s ability to deliver justice. Although the exclusionary rule seems to be firmly established in most legal frameworks, the research conducted so far has highlighted several challenges concerning its application in law and practice.

Without being complete, relevant publications include the ODIHR and Fair Trials publication “Eliminating Incentives for Torture in the OSCE Region”, the Redress and FT publication “Tainted-by-Torture-Examining-the-Use-of-Evidence-Obtained-by-Torture”, the Commentary on “The United Nations Convention Against Torture and its Optional Protocol” authored by experts of the Ludwig Boltzmann Institute of Human Rights, as well as the CTI’s practical implementation tool on “Non-admission of evidence obtained by torture and ill-treatment: procedures and practices”.

To encourage exchanges on how recommendations included in these publications could be implemented, ODIHR and the Ludwig Boltzmann Institute will facilitate one online discussion (in writing) and one online workshop (together online exchange) among international experts and civil society organisations focused on the exclusionary rule.

The online exchange will thereby foster:

• An exchange on the remaining gaps and common trends in the effective implementation of the exclusionary rule;
• A discussion on what steps are needed to implement the policy and practical recommendations and the role various actors can play in implementing them;
• Sharing of good practices – including examples of where torture-tainted evidence was effectively excluded – and ideas for multi-stakeholder collaboration to ensure the prohibition of torture-tainted evidence is better applied in practice.

Programme

During the Online Discussion, we will publish the written contributions of a number of renowned national and international experts on selected topics concerning the inadmissibility of Evidence Tainted by Torture. All thematic contributions will be published on the Atlas of Torture – Exchange Platform. All experts are invited to contribute and participate in the discussion. Moreover, other interested experts are encouraged to register on the Platform, follow the discussions and make comments.

The discussion on the Atlas of Torture Exchange Platform will be followed by an Online Workshop. The workshop aims to bring together the different experts and further facilitate the exchange on the topic, enabling a lively discussion, as well as mutual learning among the participants. Finally, the online workshop will aim to create a common understanding of existing recommendations and priorities by identifying the most pressing issues concerning the exclusion of torture tainted evidence and how different stakeholders can address them.

This workshop is part of ODIHR’s ongoing work to assist participating States in the fight against torture.

Registration information can be found here.