A/HRC/25/60
United Nations
General Assembly
Distr.: General
10 April 2014
Original: English
Human Rights Council
Twenty-fifth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment,
Juan E. Méndez*
Summary
The present report focuses on the scope and objective of the exclusionary rule in
judicial proceedings and in relation to acts by executive actors.
The Special Rapporteur elaborates on the exclusionary rule and its fundamental role
in upholding the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment by providing a disincentive to carry out such acts.
The present report identifies State practices in this regard and elaborates on the
rationale and scope of the exclusionary rule in relation to formal proceedings. The second
part of the report focuses on the use of information obtained by torture or other illtreatment by executive agencies, including the collecting, sharing and receiving of such
information from other States, and its relation to the absolute prohibition of acts of torture
and other ill-treatment and the obligation of the State to prevent and discourage such acts.
In this context, the report also elaborates on the threshold for State responsibility for
complicity in torture or other ill-treatment, or an internationally wrongful act.
The Special Rapporteur finds that all actions of executive agencies should be
reviewed under the absolute prohibition of torture and that the standards contained in the
exclusionary rule should apply, by analogy, to the collecting, sharing and receiving of
information by executive actors.
* Late submission.
GE.14-13468
*1413468*
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents