header-logo header-logo

US defies fundamental law

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll