New publication on the admissibility of evidence tainted by torture and ill-treatment
The Ludwig Boltzmann Institute of Fundamental and Human Rights, together with the OSCE Office for Democratic Institutions and Human Rights, published a paper in December 2022 on expert-discussions on the human rights implications of torture and the admissibility of evidence tainted by torture and ill-treatment.
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. It taints the entire criminal justice process, eroding the rule of law and public trust in the system’s ability to deliver justice. The exclusion of torture evidence is thus an important provision supplementing the absolute prohibition of torture.
Due to the serious human rights repercussions of evidence, which might be affected by torture and ill-treatment, if left unaddressed, a series of online discussions among international experts and civil society organizations to bring forward discussions on the matter were held in 2022. The online discussions consisted of two main complementary activities: an online discussion in writing on the Atlas of Torture Exchange Platform and an online workshop.
In this framework, the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR) and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) published a paper with the title “The admissibility of evidence tainted by torture and Ill-treatment“, which summarizes the outcome of the rich expert discussions occurred over the course of this initiative.
The first part of the publication was authored by Giuliana Monina, Head of the “Human Dignity and Public Security” Programme Line at the LBI-GMR, in cooperation with Laura Jaffrey, Adviser on Torture Prevention, OSCE Office for Democratic Institutions and Human Rights.
The second part is a collection of all the expert contributions to the Online Discussion on the Atlas of Torture Exchange Platform received in the framework of this activity. Contributions were submitted by Nikolaos Sitaropoulos, Ilze Tralmaka, Rupert Skilbeck, Catherine Kent, Juan E. Méndez, Valentina Caledo and Tomás Pascual, Zoi Anna Kasapi, Krassimir Kanev, Balázs Tóth, Natalia Taubina, Vadym Chovgan, and Notabene.
The paper is available in the download section, as well as the Atlas of Torture Database.