2.
Exclusion of the evidence obtained under duress
163.
The Commission and the representatives indicated that “when” the victims
“made their self-incriminating statements before the Federal Public Prosecutor’s
Office and the Judge of the Mina Judicial District[,] they were still suffering from
the effects of fear, anguish and inferiority, given that only a few days had passed
since their detention and physical mistreatment.” The Commission considered that
the lack of “a serious, exhaustive and impartial investigation into the alleged acts
of torture,” meant that “any possible flaws in the confessions rendered” could not
be corrected “and therefore the State could not use those statements as evidence.”
Furthermore, the Commission and the representatives pointed out that the practice
of torture is reinforced by the legal validity granted to the first statement made by
the accused, which was rendered before the Public Prosecutor’s Office and not
before a court, added to which the Mexican courts gave validity to this statement.
The representatives also pointed out that “the confessions of the victims should
have been excluded from the criminal proceeding” and that their ratification of
these statements before the court should not have been taken into account, given
that Messrs. Cabrera and Montiel “were still suffering from the effects of torture
and threats and did not understand the significance or scope of that ratification.”
164.
The State argued that the conviction “was not exclusively based on the
confessions made by the accused.” It indicated that the trial judge “heard,
assessed and corroborated all the evidence and records in the case file” and that if
it were proven that the judgment "against the […] victims was based on the
confession obtained under the circumstances described, this would result in the
competent authority calling into question its evidentiary value and ruling according
to the rest of the body of evidence and pursuant to the relevant law and then
determining whether such a violation left the accused unprotected and affected the
outcome of the ruling.”
165.
In this respect, the Court notes that the rule of excluding from judicial
proceedings all evidence obtained under torture or through cruel or inhumane
treatment (hereinafter “exclusionary rule”) has been recognized by several
international treaties 257 and international bodies for the protection of human rights,
which consider that the rule of exclusion is intrinsic to the prohibition of such
acts. 258 Therefore, the Court considers that this rule is absolute and irrevocable. 259
257
Article 15 of the Convention against Torture and Other Cruel, Inhumane or Degrading
Treatment or Punishment provides that “[E]ach 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.”
Moreover, Article 10 of the Inter-American Convention to Prevent and Punish Torture indicates that
“[N]o statement that is verified as having been obtained through torture shall be admissible as evidence
in a legal proceeding, except in a legal action taken against a person or persons accused of having
elicited it through acts of torture, and only as evidence that the accused obtained such statement by
such means.”
258
In this regard, the Committee against Torture has pointed out that "the obligations in Articles 2
(whereby “no exceptional circumstances whatsoever may be invoked as a justification of torture”) 15
(prohibiting confessions extorted by torture being admitted in evidence, except against the torturer),
and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) must be observed in all
circumstances.” Cf. United Nations. Committee against Torture. General Comment N° 2,
‘Implementation of Article 2 by States Parties’ of January 24, 2008 (CAT/C/GC/2) para. 6. Furthermore,
the Committee on Human Rights has stated that: “The guarantees of fair trial may never be made
subject to measures of derogation that would circumvent the protection of non-derogable rights. (…) no
statements or confessions or, in principle, other evidence obtained in violation of this provision may be
invoked as evidence in any proceedings covered by Article 14, including during a state of emergency,
except if a statement or confession obtained in violation of Article 7 is used as evidence that torture or
other treatment prohibited by this provision occurred. ”United Nations. Committee on Human Rights.
General comment No. 32:
Right to a fair trial and to equality before courts and tribunals
(HRI/GEN/1/Rev.9 (Vol.I), para.6.
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