Evidence extracted through torture

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In summary, there was a controversial ruling in the UK regarding the use of evidence obtained by torture by foreign agents to detain suspected terrorists in the country. Some argue that this goes against the Torture Convention and encourages the use of torture, while others believe it is necessary for the protection of citizens. However, the debate remains on whether this is truly the lesser of two evils.
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John_M
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In the UK we've just had a controversial ruling about torture - namely that the state should be permitted to use evidence obtained by torture by foreign agents in deciding whether to detain suspected terrorists in the UK.

On one hand, you could say that such evidence is completely prohibited by the Torture Convention, is inherently unreliable and that the ruling encourages the use of torture. You can't lock people up on the basis of evidence extracted through torture.

On the other, you could say that it would be irresponsible for the State not to act in protection of its citizens if it received evidence - whatever the source - that its citizens were in danger of a terrorist attack. It's a question of choosing the lesser of two evils.

What do you think?
 
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well the lesser of two evils is already if one person is kept alive at the price of other one being tortured...well it depends on the torture technique...haha
 
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I can provide a neutral perspective on this issue. The use of evidence extracted through torture is a highly controversial and sensitive topic, and it raises ethical and legal concerns.

On one hand, the use of such evidence goes against the principles of human rights and the prohibition of torture under international law. Evidence obtained through torture is often unreliable and can lead to false convictions, which can have severe consequences for the individuals involved. It also sets a dangerous precedent and can potentially encourage the use of torture by other countries.

On the other hand, the argument for using this evidence is based on the need to protect citizens from potential terrorist attacks. In such cases, the state may argue that they have a duty to act in the best interest of their citizens and use all available information, regardless of its source. However, this argument overlooks the fact that the use of torture is a violation of human rights and undermines the rule of law.

Ultimately, it is a matter of choosing between two evils - sacrificing human rights for the sake of security or risking security by upholding human rights. In my opinion, the use of evidence extracted through torture should not be permitted, as it goes against the fundamental principles of justice and human rights. Instead, efforts should be focused on finding alternative and ethical methods of gathering evidence to ensure a fair and just legal system.
 

1. What is "evidence extracted through torture"?

"Evidence extracted through torture" refers to any information or statement obtained from an individual through the use of physical or psychological torture. This type of evidence is often unreliable and may be coerced or false, as the person being tortured may say anything to make the torture stop.

2. Is evidence extracted through torture admissible in court?

No, evidence extracted through torture is not admissible in court. In most legal systems, evidence must be obtained through legal and ethical means in order to be considered admissible. This includes not using torture or other forms of coercion to obtain evidence.

3. Why is evidence extracted through torture not admissible in court?

Evidence extracted through torture is not admissible in court for several reasons. Firstly, it goes against the principles of fairness and justice, as it is obtained through inhumane and often illegal means. Additionally, it is often unreliable and may not reflect the truth. Lastly, allowing such evidence in court would condone the use of torture, which is a violation of human rights.

4. Can evidence extracted through torture be used for other purposes?

Even though evidence extracted through torture is not admissible in court, it may still be used for other purposes. For example, it may be used for intelligence gathering or as a basis for further investigation. However, the use of such evidence for any purpose is highly controversial and raises ethical concerns.

5. How can we ensure that evidence is not obtained through torture?

The best way to ensure that evidence is not obtained through torture is to strictly adhere to legal and ethical standards. This includes prohibiting the use of torture and other forms of coercion, and providing individuals with fair and legal means to defend themselves. Additionally, proper training and oversight of law enforcement and intelligence personnel can help prevent the use of torture to obtain evidence.

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