Examples of using Statement obtained in English and their translations into Spanish
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Official
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Colloquial
A statement obtained under torture could not be used in a Guyanese court of law.
Article 15 prohibits State parties from invoking as evidence in any proceedings any statement obtained as a result of torture.
Prohibition of any statement obtained under torture from being invoked as evidence.
Please provide information on the measures taken to prohibit the using of any statement obtained under torture in any proceedings.
Any confession or statement obtained under torture, threat or coercion shall be deemed null and void.
People also translate
Please inform about measures taken to adopt clear legal provisions prohibiting the use as evidence of any statement obtained under torture.
The use of a statement obtained by such means of examination is also prohibited even with the consent of the accused person.
Judicial decision may not be based on any confession or other statement obtained by extortion, torture or inhuman or degrading treatment.
Any statement obtained in breach of this principle shall be null and void, without prejudice to any criminal liability that may be incurred." Article 166 of the Military Criminal Procedure Act sets out a similar provision.
It is also concerned that the prosecution service has not issued any instructions ororders with regard to the prohibition of using a statement obtained under torture as an element of proof art. 15.
According to section 9 of the Evidence Act,1974, a statement obtained by any inducement, threat, torture, or attempt to torture, or against the consent of the accused shall not be treated as evidence by the court.
HRW and JS4 concluded that Kazakhstan did not fulfil UPR recommendations to adopt strict safeguards to ensure that no statement obtained through torture can be used in courts.
Criminal Code subsection 269.1(4),which bars the use of any statement obtained by torture for any purpose except as evidence that it was in fact obtained by torture, applies in full to all of the new procedures.
The judicial authorities with jurisdiction over acts of torture and similar acts may not, under current legislation,use a statement obtained through violence or torture as evidence.
In fact, the Convention required that no statement obtained under torture should ever be admitted, and the Committee's general comment No. 7 relating to the prohibition of torture had referred to the problem without placing any obligation on States parties.
Mr. LALLAH andMs. MAJODINA asked for an explanation of the last part of the fourth sentence"except if a statement obtained under torture is used as evidence against a person accused of torture.
AI recommended that Uzbekistan ensure that no statement obtained as a result of torture is used as evidence in trial proceedings, except as evidence against a person accused of torture; that prompt, thorough, independent and impartial investigations are conducted into all complaints of torture.
AI called on Belarus, inter alia, to condemn the use of torture andother ill-treatment and ensure that no statement obtained as a result of torture or other ill-treatment is used as evidence in trial proceedings.
The CHAIRMAN asked whether, in the case of a statement obtained under torture and hence without evidential value in accordance with the Convention, the indirect evidence was admissible under domestic legislation. He also wished to know whether the remedy of habeas corpus was available under Mauritian legislation.
A member of the Committee had asked why the exclusion rule had been relative,whereas article 15 of the Convention provided that any statement obtained as a result of torture could not be invoked as evidence in any proceedings.
Criminal Code subsection 269.1(4)which bars the use of any statement obtained by torture for any purpose except as evidence that it was in fact obtained by torture, applies in full to all of the new procedures.
Please indicate the existence of any legal provisions in the domestic legislation that ensure that the absolute prohibition against torture is not derogated from under any circumstances;prohibit the use of any statement obtained under torture; and establish that orders from a superior may not be involved as a justification of torture.
The Commission also requested that the State respect the prohibition on the use of any statement obtained by means of torture or cruel, inhumane, or degrading treatment against the beneficiary, and investigate the events and bring to justice those responsible, including those implicated when the doctrine of"management accountability" is applied.
Please enumerate comprehensively the provisions, in the domestic legislation of the State party, which ensure that the absolute prohibition against torture is not derogated from under any circumstances,prohibiting the use of any statement obtained under torture and establishing that orders, made by a superior, cannot be invoked as a justification of torture.
In the context of the ongoing reform of the Criminal Code,incorporate a provision prohibiting any statement obtained under torture from being invoked as evidence in any proceedings, in conformity with article 15 of the Convention;
CAT also recommended the adoption of appropriate legislation implementing the principle of absolute prohibition of torture,prohibiting the use of any statement obtained under torture and establishing that orders from a superior may not be invoked as a justification of torture.
Mr. BHAGWATI wondered whether there was any point in providing for the case in which a statement obtained under torture might be used against a person accused of torture, the act of torture itself being sufficient evidence.
The general rules governing the invalidity of information also protect the victim against the use in judicial proceedings of a statement obtained under torture articles 179 and 180 of the Code stipulate that no information against the parties to the proceedings may be drawn from documents that have been declared null and void.
Please provide information on measures explicitly prohibiting the use as evidence in judicial proceedings of any statement obtained through torture. Has the State party taken measures to ensure that only statements or confessions made in the presence of a judge are admissible as evidence in criminal proceedings?
Ms. BELMIR requested clarification concerning the apparent contradiction between article 40 of the Constitution,which provided that any statement obtained by means of force was inadmissible, and article 181 of the Code of Criminal Procedure, which implied that statements obtained through means of force could be used as evidence.
