§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether, in accordance with the obligation imposed by Article 15 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 108WA they will ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. [HL2754]
§ Baroness Symons of Vernham DeanIn England and Wales, the law requires a court to exclude any confession obtained by "oppression", which includes torture, inhuman or degrading treatment and the use of threat of violence, whether or not amounting to torture. This reflects the prohibition in Article 3 of the European Convention on Human Rights, now incorporated into UK law by the Human Rights Act 1998. It is also an offence for any public official, whatever his nationality, to commit torture in the performance of his official duties, wherever committed.
In Scotland, illegally obtained evidence is excluded by the courts. Evidence obtained by torture would be illegally obtained evidence. Similar provisions apply in Northern Ireland.
The Government are satisfied that adequate legal procedures are in place to ensure compliance with Article 15 of the UN Convention against Torture.