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Journal of International Criminal Justice Advance Access originally published online on April 21, 2006
Journal of International Criminal Justice 2006 4(2):401-409; doi:10.1093/jicj/mql018
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

Foreign Acts of Torture and the Admissibility of Evidence

The Judgment of the House of Lords in A and Others v. Secretary of State for the Home Department (No. 2)

Tobias Thienel*

* Walther Schücking Institute of International Law, University of Kiel, Germany. I would like to thank Mr Nicki Boldt for his valuable comments. All remaining errors of course are mine.

[tobiasthienel{at}web.de]

The author discusses, from the point of view of international human rights law, the judgment of the British House of Lords in A and Others v. Secretary of State for the Home Department (No. 2), which held that statements obtained by torture could never be admissible in evidence. The judgment is concluded to be fully consonant with international law and to provide an excellent example for other courts faced with this highly topical question.


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