About the HRI Work by Regions  ICC   Media  Publications

The IBAHRI, the Commonwealth Lawyers Association and the International Commission of Jurists made submissions to the UK House of Lords concerning the admissibility in UK proceedings of evidence obtained in torture. The House of Lords heard arguments in this case from 17-19 October 2005 and Sir Sidney Kentridge QC presented oral submissions in support of our written brief.

The submissions argued for an exclusionary rule in UK proceedings for evidence obtained in torture, inhuman or degrading treatment or conduct of an individual by a foreign state.

The brief was well received by the Appellate Committee, with the chairman personally thanking Sir Sidney Kentridge for his presentation. The delivery of the judgement was made on Thursday 8th December, the House of Lords ruled that any evidence obtained by torture, irrespective of where, or by whom it was obtained, was inadmissible in proceedings in British courts. The majority stated that in circumstances where a defendant raises the issue that evidence may have been procured by torture, the Special Immigration Appeals Tribunal must conduct a diligent inquiry into the relevant sources and determine whether, on the balance of probabilities, the evidence was obtained by torture.

Click here to view the Amicus Brief

Click here to view the Press Release

Back to HRI activities