08 December 2005

UKHL on use of evidence possibly gained from torture abroad

The House of Lords has ruled this morning that evidence possibly gained from torture abroad may not be used against terrorist suspects in UK courts. The decision can be found here. It's a solid 91 pages and the analysis should be very interesting. I'll keep you posted on commentary as it appears on the web.

Update 14/12/05
: Scott Horton now has this discussion of the House of Lords decision and its broader context here on Balkinization. He writes:

"I can’t escape thinking it was written like a worried letter to American friends. For one thing, the Law Lords decided the question before them - whether evidence derived from torture could ever be introduced in legal proceedings - almost entirely on the basis of precedent from before 1789. That is, precedent which forms the common bond between the United States and Britain, the sole aspect of American law as to which the Law Lords have the power to speak with unquestioned authority."

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