UNITED NATIONS
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection
of Minorities
Forty-sixth session
Item 10 (d) of the Provisional Agenda
THE ADMINISTRATION OF JUSTICE AND THE HUMAN RIGHTS
OF DETAINEES
The right to a fair trial:
Current recognition and measures necessary for its strengthening
Final report prepared by Mr. Stanislav Chernichenko
and Mr. William Treat
38. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides in article 15 "that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings ...". Also, article 7 guarantees fair treatment at all stages of the proceedings brought against a person charged with having engaged in or attempted torture. Article 2 (2) makes this convention non-derogable by providing that "[n]o exceptional circumstances whatsoever ... may be invoked as a justification of torture". Under this treaty, therefore, the accused person possesses a non-derogable right to be free from torture at all times during the criminal process, including interrogation, detention, trial, sentencing and punishment.
