Update: this decision was overruled in A v Secretary of State for the Home Department [2005] UKHL 71 (noted here on 9 December 2005).
Aimed at promoting the study of technical aspects of criminal law and procedure, this site considers selected cases from the top appeal courts of Australia, Canada, the UK, the USA, the European Court of Human Rights and New Zealand. From August 2004 there have been approximately 800 entries, including book reviews.
Wednesday, August 25, 2004
Information obtained by torture
In A and others v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) it was recognised that the Court may permit information obtained by torture carried out on an informant by strangers to the litigation outside the jurisdiction to be used by one party to the proceedings in support of its case for extradition of the opposing party.
This introduces a moral cloud over the Court's readiness to prevent an abuse of its proceedings (or to prevent an abuse of executive power).
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