ADMISSIBILITY BEFORE SPECIAL IMMIGRATION APPEALS COMMISSION OF EVIDENCE PROCURED BY TORTURE

The Special Immigration Appeals Commission could not, when hearing an appeal under the Anti-terrorism, Crime and Security Act 2001 s.25 by a person certified and detained under s.21 and s.23 of that Act, receive evidence that had or might have been procured by torture inflicted by officials of a foreign state without the complicity of the British authorities. The commission should refuse to admit evidence relied on by the secretary of state to issue a certificate under s.21 if it concluded on a balance of probabilities that that evidence had been obtained by torture. If the commission was left in doubt as to whether the evidence had been obtained by torture, then it should admit it, but it had to bear its doubt in mind when evaluating the evidence.

[2005] UKHL 71