header-logo header-logo

26 June 2015 / Sir Geoffrey Bindman KC
Issue: 7658 / Categories: Features , Human rights
printer mail-detail

US defies fundamental law

nlj_7658_backpage

Torturers must be brought to justice, insists Geoffrey Bindman QC

Torture is a gross abuse and the cruellest of crimes. The English common law has banned it since the Middle Ages as Lord Bingham confirmed in the House of Lords in A v Home Secretary [2005] UKHL 71.

The Lords ruled that the prohibition was wide enough even to exclude from legal proceedings in the UK evidence “which has or may have been procured by torture inflicted, in order to obtain evidence, by officials of a foreign state without the complicity of the British authorities.”

Lord Bingham cited several of the greatest jurists, including Sir John Fortescue, Blackstone, and Sir William Holdsworth. Fortescue, in the 15th century, pointed out the ineffectiveness of torture as a means of extracting accurate information. “But who is so hardy” he wrote “that having once passed through this atrocious torment, would not rather, though innocent, confess to every kind of crime, than submit again to the agony of torture already suffered.” Sir Edward Coke said torture contravened clause 39 of Magna Carta.

Ius cogens

Britain diverged

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll