Inadmissibility of evidence tainted by torture: Online workshop
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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.
On 13 May, the OSCE Office for Democratic Institutions and Human Rights (ODIHR), in partnership with the Ludwig Boltzmann Institute of Fundamental and Human Rights is organizing an online workshop intended for international experts and civil society organizations focused on the exclusionary rule.
The webinar will thereby foster:
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an exchange on the remaining gaps and common trends in the effective implementation of the exclusionary rule;
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a discussion on what steps are needed to implement the policy and practical recommendations and the role various actors can play in implementing them;
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the 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.
The workshop is intended for selected national and international experts. It is not open for public participation.
Background
This workshop is part of ODIHR’s ongoing work to assist participating States in the fight against torture. The workshop builds on a written online exchange on the Atlas of Torture website facilitated by ODIHR and the Ludwig Boltzmann Institute in February 2022 to encourage an expert discussion on ways to implement recommendations included in relevant publications on the topic. These include the ODIHR and Fair Trials study “Eliminating Incentives for Torture in the OSCE Region”, the Redress and Fair Trials 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 “Non-admission of evidence obtained by torture and ill-treatment: Procedures and practices”, a practical implementation tool by the Convention against Torture Initiative (CTI).