Chiti v. He was subsequently convicted after medical reports demonstrated no evidence of torture in detention.
For documents not available online, a link to the publisher's website is provided. The CCPR ruled that the burden had effectively been reversed in Sri Lanka due to the explicit language of the PTA, and that even if the threshold of proof was placed very low, as it was in this case, the burden remained with Singarasa, and therefore a violation of the Covenant was found.
Niyonzima claimed that proceedings against him relied on confessions obtained through torture. The Commission seized the recordings and used the content of those conversations as evidence to support the final decision sanctioning both undertakings for the infringement of EU competition law.
The decision not to find a violation of article 15 has been criticised by academics, on the basis that the complaint of torture had been based on ample evidence and the decision of the Spanish court was still pending when France took the decision to extradite.
Abstract: In the United States the exclusionary rule was created by the judiciary with the intent of ensuring that police do not harm suspects and defendants by engaging in illegal tactics to obtain evidence against them.
One night, while the applicant was on watch, a serviceman was killed. Niyonzima v. Spain, the alleged violation of article15 was declared inadmissible on the basis that that the impugned statement had been excluded by the judge.
France, Communication No. Singarasa was arrested in July for suspected terrorist activities, and allegedly beaten and tortured repeatedly in detention by members of the Sri Lankan security forces and the police.