Thursday, December 08, 2005

The British Law Lords Speak

Thrusting itself into the middle of a stormy international debate, Britain's highest court declared today that evidence obtained through torture - no matter who had done the torturing - was not admissible in British courts. It also said that Britain had a "positive obligation" to uphold anti-torture principles abroad as well as at home.

"The issue is one of constitutional principle, whether evidence obtained by torturing another human being may lawfully be admitted against a party to proceedings in a British court, irrespective of where, or by whom, or on whose authority the torture was inflected," said Lord Bingham, writing the lead opinion for the Law Lords, roughly equivalent to the United States Supreme Court. "To that question I would give a very clear negative answer."

.....

"The principles of the common law, standing alone, in my opinion compel the exclusion of third party torture evidence as unreliable, unfair, offensive to ordinary standards of humanity and decency and incompatible with the principles which should animate a tribunal seeking to administer justice," Lord Bingham wrote.

Words so true and good, they deserve repitition. (Thanks to Holden for finding them).

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