Britain vetoes torture evidence

2005-12-08 15:52

London - Britain's highest court of appeal has ruled that evidence obtained through torture in other countries not be used in British courts.

Seven law lords unanimously upheld an appeal, brought by men detained without charge on suspicions of involvement in terrorism, on Thursday.

Last year, the British court of appeal ruled that such evidence could be used in British courts if it was obtained by agents of another state, and no British agents were involved.

The appeal case involves 10 men, most detained in 2001 by a ruling of the special immigration appeals commission that they are a threat to national security.

The "sound material" supporting the ruling is believed to have been obtained by torture in United States camps and, because of this, the men's lawyers argue the evidence should be excluded.

"This is a momentous decision"

Amnesty International said the decision meant the government must re-affirm its ban on torture and torture evidence.

The AI statement read: "This is a momentous decision.

"The law lords' ruling has overturned the tacit belief that torture can be condoned under certain circumstances.

"This ruling shreds any vestige of legality with which the British government has attempted to defend a completely unlawful and reprehensible policy, introduced as part of its counter-terrorism measures."

However, a former lord chief justice, Lord Bingham of Cornhill, has countered the ruling, saying English law had abhorred torture "and its fruits" for more than 500 years.

He said: "I am startled, even a little dismayed, at the suggestion that this deeply rooted tradition and an international obligation solemnly and explicitly undertaken can be overridden by a statute and a procedural rule which make no mention of torture at all."

- AP