Примеры использования Extracted by torture на Английском языке и их переводы на Русский язык
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Colloquial
The principle of the non-admissibility of evidence extracted by torture.
According to KHR, confessions extracted by torture are reflected in records that the persons concerned are required to sign without having read them.
In that connection, he wondered what happened when an arrested person made a confession andlater announced that it had been extracted by torture.
Firstly, confessions or other information extracted by torture is usually not reliable enough to be used as a source of evidence in any legal proceeding.
Moreover, the Tribunal rejected the claim that the charges against the complainant were primarily based on testimony extracted by torture, in the absence of any supporting evidence.g.
Please provide detailed information on the inadmissibility of confessions extracted by torture or ill-treatment provided in article 319(1) of the Code of Criminal Procedure and its enforcement and implementation in practice, as requested by the Rapporteur on Follow-up.
Clarify the procedural standards, including the burden of proof applied by the State party's courts for the assessment of evidence that may have been extracted by torture or ill-treatment; and.
It is a matter of concern to the Special Rapporteur that the absolute prohibition of using evidence extracted by torture has recently been come into question notably in the context of the global fight against terrorism.
Scores have been sentenced to long prison sentences andover a dozen to the death penalty on the basis of evidence reportedly extracted by torture or ill-treatment.
The Government should ensure that no persons are convicted on the basis of statements extracted by torture or by other forms of cruel, inhuman or degrading treatment or punishment, as has apparently recently happened.
There were significant contradictions in the testimonies of some witnesses and the court did not take into consideration the evidence(medical expertise)presented that the confession of the author was extracted by torture.
Discussing the significance of Article 15 of CAT and expressing concern that the“absolute probinition of using evidence extracted by torture has recently[…] come into question notably in the context of the global fight against terrorism”.
They must rigorously carry out the relevant legal stipulations regarding the strict prohibition of the use of torture to extort confessions, andmust exclude any evidence that may have been extracted by torture.
The failure of the Government to investigate adequately the complaints made by these defendants andadmitting the confessions extracted by torture as evidence is clearly contrary to the purposes of the Convention against Torture. .
In that connection, he would like to know whether there had been any cases, especially any brought before the Supreme Court, concerning the link between the privilege of exemption from self-incrimination andthe rejection of evidence extracted by torture.
Counsel claims that by granting the Spanish extradition request,which exclusively relied on Felipe San Epifanio's testimony, extracted by torture, and on the evidence found on the basis of this testimony in the apartment at Padilla Street, the State party violated article 15 of the Convention.
While some were held in adequate conditions, the vast majority were detained in inhuman and degrading conditions, deprived of most of their human rights and fundamental freedoms; moreover,many had been imprisoned based on confessions extracted by torture.
While she understood that Iceland's legal system did not lend itself to the adoption of legislation prohibiting the use of evidence extracted by torture, the role of the judge in rejecting such evidence should have been more clearly explained in the responses to the list of issues.
In the death row case referred to by Sir Nigel Rodley, the complaint submitted to the Supreme Court had been referred to the Procuracy, and an investigation was now under way in order todetermine whether the sentence had been based on a confession extracted by torture.
The use of"secret evidence" putforward by prosecuting and other authorities in judicial proceedings constitutes a violation of the principle of admissibility of evidence extracted by torture, as clearly stated in article 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
CAT expressed concern in 2004 at remaining inconsistencies between Convention requirements and domestic law which, even after the passage of the Human Rights Act, have left gaps,notably with respect to the use of evidence extracted by torture.
His report highlighted the principle of non-admissibility of evidence extracted by torture in article 15 of the Convention against Torture, including a review of recent court decisions which illustrate an increasing trend towards the use of"secret evidence" put forward by prosecuting and other authorities in judicial proceedings.
He claims that, during the trial, the Court ignored his allegations of torture and the fact that many of the witnesses withdrew their testimonies against him,stating that they had been extracted by torture. The author was convicted on 10 February 1999 and sentenced to life imprisonment.
While the House of Lords was unanimous in its condemnation of torture andthe use of evidence extracted by torture(with or without the complicity of British authorities) in judicial proceedings, it was divided by 4 to 3 on the question of the burden of proof in establishing whether or not a statement was obtained by torture. .
Other controversial discussions were stimulated by reports on torture-related issues in the context of the fight against terrorism, such as extraordinary renditions, diplomatic assurances to circumvent the principle of non-refoulement orthe use of evidence extracted by torture.
Strengthen the independence of judges and lawyers, ensure that, in practice, evidence obtained by torture may not be invoked as evidence in any proceedings, andthat persons convicted on the basis of evidence extracted by torture are acquitted and released, and continue the court monitoring led by the Organization for Security and Cooperation in Europe;
The Court based this decision on the reasoning that article 15 only excluded statements as evidence which were established to have been made as a result of torture, butthat in the present case it was impossible for the Court to establish that the testimonies had in fact been extracted by torture.
Despite the obligation to take all legislative, administrative, political and other measures necessary to prevent torture, including prompt access of detainees to lawyers, judges, doctors and families, audio- or videotaping of interrogations,the prohibition of using confessions extracted by torture before courts and regular inspections of all places of detention and interrogation by independent bodies, most of the some 10 million detainees around the world can only dream of enjoying such measures.
The author submits that his rights under article 6, paragraph 1, were violated since he was sentenced to death following an unfair trial, during which significant violations of the domestic criminal and criminal-procedure legislation occurred,as well as using a confession extracted by torture.
The Committee further notes with concern the lack of explanations, taking into account the June 2005 Hamburg Supreme Court decision related to the case of Mounir al-Motassadeq,about who carries the burden of proof in regard to inadmissibility of evidence allegedly extracted by torture or ill-treatment before the State party's courts.