A and Others v. Secretary of State for the Home Department (No 2)

Abstract

Human rights — Right to a fair trial — Appellants certified and detained by Home Secretary under Sections 21 and 23 of Anti-terrorism, Crime and Security Act 2001 — Appeal to Special Immigration Appeals Commission under Section 25 of the Act — Rule 44(3) of the Special Immigration Appeals Commission (Procedure) Rules 2003 — Admissibility of evidence obtained by third country by torture without complicity of British authorities — English common law — European Convention on Human Rights, 1950 — International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Article 15 — Principles of public international law

Human rights — Prohibition of torture — English common law — European Convention on Human Rights, 1950, Article 3 — Torture Convention, 1984 — Absolute prohibition — Peremptory norm of general international law — Admissibility of evidence obtained abroad by torture — Torture Convention, 1984, Article 15 — Exclusionary rule — Relevance of terrorism — Different use of information by executive and judiciary — Whether exclusionary rule applicable in proceedings before Commission — Burden of proof — The law of England