From: Michael Wood, Legal Advisor
Date: 13 March 2003
CC: PS/PUS; Matthew Kidd, WLD
UZBEKISTAN: INTELLIGENCE POSSIBLY OBTAINED UNDER TORTURE
1. Your record of our meeting with HMA Tashkent recorded that Craig had said that his understanding was that it was also an offence under the UN Convention on Torture to receive or possess information under torture. I said that I did not believe that this was the case, but undertook to re-read the Convention.
2. I have done so. There is nothing in the Convention to this effect. The nearest thing is article 15 which provides:
"Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made."
3. This does not create any offence. I would expect that under UK law any statement established to have been made as a result of torture would not be admissible as evidence.
M C Wood