Posts tagged ‘secret services’


4 July 2018

Totally Repugnant

Conor Gearty

On 8 December 2005, after a four-day case involving 19 barristers, the Appellate Committee of the House of Lords (as the forerunner to the Supreme Court was unglamorously known) gave judgment in A and Others v Secretary of State for the Home Department (No 2). The seven law lords laid down a rule of seemingly great importance: that evidence which was – or was likely to have been – obtained by torture was never to be admissible in legal proceedings. The secretary of state had argued strongly that such evidence should be allowed to be used, but he was soundly defeated. ‘From its very earliest days the common law of England set its face firmly against the use of torture,’ the senior law lord, Lord Bingham, declared; as a 19th-century jurist had put it, the practice is ‘totally repugnant to the fundamental principles of English law’ and ‘repugnant to reason, justice and humanity’.