25th session of the Human Rights Council: Statement delivered during the interactive dialogue with the UN Special Rapporteur on torture

HUMANRIGHTS COUNCIL

25th session (3 – 28March 2014)

Item 3: Interactive dialogue withthe Special Rapporteur on Torture

Oral statement delivered by The World Organisation Against Torture (OMCT),

anon-governmental organisation in general consultative status

MrPresident, Mr Special Rapporteur,

The WorldOrganisation Against Torture (OMCT) wishes to thank Mr Mendez for thepresentation of his report to this Human Rights Council focusing on the exclusionaryrule, which is an integral part of the absolute prohibition of torture andother forms of cruel, inhuman and degrading treatment or punishment.

OMCTwelcomes this timely report and the conclusions that specifically stress thatthe exclusionary rule applies to all proceedings of any kind, whether judicialproceedings and by executive agencies, and that the rule concerns allinformation extracted by torture and ill-treatment anywhere in the world.

In itsdaily work, OMCT witnesses how confession is one of the driving causes oftorture and ill-treatment worldwide. It is a massive problem althoughexperience has shown that under torture or threat thereof, a person will say ordo anything solely to avoid the pain.

In anyevent, any information or evidence obtained under torture and ill-treatmentmust be excluded from all proceedings as stressed by the Special Rapporteur, toavoid providing an incentive to torture by creating a marketplace for tortureat home and abroad. Judges and prosecutors have a crucial role to play inensuring compliance with the rule and overcoming the mismatch between thefrequent abuse of detainees for confessions and the rare occasion that tortureevidence is effectively excluded.

MrSpecial Rapporteur,

In viewof your upcoming visit to Mexico, OMCT wishes to draw your attention to theprinciple of “procedural immediacy”, which has been used in Mexico. Theprinciple establishes that the first statements of a detainee (rendered beforethe Public Ministry) prevail over the following statements made, even iftorture is evident.

OMCT fullheartedly supports the clarification that the exclusionary rule, the duty toprevent and principle of state responsibility, cover equally the sharing,receipt and use of information outside criminal processes. We call on States toreview their procedures regarding secret evidence, intelligence sharing andensure that the dramatic accountability gap over intelligence agencies, thatcontinues to be brought before this Council, is finally taken seriously.

MrPresident,

OMCTwishes to take this opportunity to urge States to accept outstanding countryvisit requests by the Special Rapporteur on torture, as well as to cooperatefully with him, including by responding promptly and comprehensively to hisurgent appeals, and implement his recommendations.

Finally,OMCT calls on this Council to reaffirm its strong commitment to the absolute prohibitionof torture and ill-treatment by renewing the mandate of the Special Rapporteuron torture.