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Non-Admissibility of Evidence Extracted by Torture: “The Tainted Fruit of the Poisonous Tree”

last updated Feb 03, 2009 The principle of the exclusion of evidence obtained as a result of torture from judicial proceeding is fundamental to uphold the absolute nature of the prohibition of torture and fulfills an important preventive function. The exclusionary rule also carries implications for the burden of proof, which should be shifted to the State in cases of well-founded torture allegations.

CAT Commentary - Article 15 - Non-Admissibility of Evidence - Extracts

last updated Apr 05, 2011 Extracts from "The United Nations Convention Against Torture - A Commentary" by Manfred Nowak and Elizabeth McArthur, 2008, Oxford University Press

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