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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