Legal Material

A, Amnesty International (intervening) and Commonwealth Lawyers Association (intervening) v Secretary of State for the Home Department, Appeal judgment, [2005] UKHL 71, [2006] 2 AC 221, [2005] 3 WLR 1249, [2006] 1 All ER 575, ILDC 363 (UK 2005), 8th December 2005, House of Lords [HL]

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Whether evidence obtained under torture in a foreign state can be used to justify indefinite detention in special terrorism cases provided that the British government neither procured the torture or connived at it.

Keywords: Burden of proof; Detention; Due process; Evidence; Human rights, civil and political rights; Human rights, gross violations; Human rights, right to fair trial; Peremptory norms / ius cogens; Responsibility of states; Standard of proof; Terrorism; Torture; Treaties, interpretation

Legal Material.  40330 words. 

Subjects: Public International Law ; International Law ; Law

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