Friday, August 13, 2004

A race back to the dark ages

August 12, 2004:

Amnesty International is appalled by today’s ruling of the Court of Appeal that "evidence" obtained by torture is admissible in the UK.

"The rule of law and human rights have become casualties of the measures taken in the aftermath of 9/11. This judgement is an aberration, morally and legally," Amnesty International said today.

The Court of Appeal dismissed the appeals of 10 foreign nationals interned without charge or trial under the Anti-terrorism, Crime and Security Act 2001 (ATCSA).

In a two-to-one ruling, the second highest court in England and Wales clarified that "evidence" obtained by torture would not be deemed admissible when directly procured by UK agents or in whose procurement UK agents have connived.

"This caveat does nothing to prevent torture at the hands of agents of other states; in fact, it effectively encourages and fosters it. It is a fundamental duty of all courts to act as a bulwark against human rights violations. Today, the Court of Appeal has shamefully abdicated this most important duty," Amnesty International said.
Al Jazeerah article

Background: July 22, 2003:

An MI5 expert in terrorism has admitted that the security service would use information extracted from tortured prisoners as evidence in court.

The secret witness told a panel of judges that in spite of knowing that a victim had been tortured or had come from a country where the regime sanctioned torture, she would still consider their testimony to be relevant to security service investigations.

The admissions will add to growing public concern over the detainees at Guantanamo Bay in Cuba, who were questioned by the CIA and by MI5 officers. Critics claim that the government has condoned torture by the US in its attempts to garner evidence against people it suspects of having been involved in al-Qaida or the Taliban.

The implication of the testimony has shocked human rights campaigners, as well as lawyers and the families of those detained. Article three of the Human Rights Act says "no one shall be subjected to torture or inhuman or degrading treatment or punishment".
Guardian article

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