The House of Lords in its judicial capacity is currently the highest domestic court in the UK. It is due to be replaced with a Supreme Court separate from Parliament.
On Thursday it issued a ruling in a case of some men being held because they are suspected of being involved in terrorism but there is not enough evidence to prosecute them here. They are being held and would be deported but their home countries practice torture.
Not only have they stated that evidence obtained under torture cannot be used but the Government must prove that evidence from countries suspected of torture has not been obtained that way.
This is a “landmark” ruling as it is explicity to be applied as a prescedent. Lord Carswell said this while delivering his decision and it must be one of those quotes that will be used whenever and wherever the matter is considered in future.
“The duty not to countenance the use of torture by admission of evidence in judicial proceedings must be regarded as paramount and to allow its admission would shock the conscience, abuse or degrade the proceedings and involve the state in moral defilement.”
This is the current BBC breaking story entry:
Secret evidence which might have been obtained by torture cannot be used against terror suspects in UK courts, the law lords have ruled.
The ruling means the home secretary will have to review all cases where evidence from other countries may have been obtained in this way.
It is a victory for eight men who were previously detained without charge.
The government says it does not use evidence it knows to have been obtained by torture.
The ruling centres on how far the government must go to show improper methods have not been used.
The Court of Appeal ruled last year that such evidence was usable if UK authorities had no involvement.
But eight of the 10 terror suspects who were being held without charge, backed by human rights groups, have challenged that ruling.
They argue such evidence obtained in US detention camps should be excluded.
The linked story may change as the BBC update.
