organisations and national human rights institutions, lawyers can play a pivotal role in
challenging structural conditions that enable abuse and pushing for policy changes that
strengthen protections for individuals facing the death penalty.
21.
Lawyers must rigorously challenge the admissibility of any evidence obtained
through torture, coercion, violence, other forms of ill-treatment, or other unlawful
means. The reliance on such evidence fundamentally undermines the integrity of
legal proceedings and increases the risk of wrongful convictions. Courts have a duty
to exclude evidence obtained through coercion or unlawful means, and lawyers
must ensure that this obligation is strictly enforced.
In capital cases, where the stakes are highest, lawyers must scrutinise the methods by
which evidence—particularly confessions—is obtained. They must conduct a thorough
assessment into the circumstances of evidence collection, ensuring that interrogation
practices, detention conditions, and the use of coercive tactics are rigorously examined.
Where violations occur, lawyers must demand full disclosure of interrogation logs,
medical examination reports, and detention facility records to substantiate claims of illtreatment. Excluding tainted evidence is not only a procedural necessity but a
fundamental safeguard against unfair trials and miscarriages of justice.
Beyond courtroom advocacy, lawyers should proactively engage with independent
forensic and medical experts to provide credible documentation of torture or coercion.
Expert testimony and forensic analysis can provide compelling evidence to support
exclusion motions and highlight systemic flaws within the investigative or prosecutorial
process. Where necessary, they should also petition national and international human
rights bodies to intervene, particularly in cases where systemic abuses are prevalent.
Lawyers must push for mandatory safeguards, such as video recordings of interrogations,
independent oversight of custodial procedures, and legal frameworks that impose
accountability for the use of forced confessions. Strategic litigation challenging coercive
practices can serve as a catalyst for broader institutional reforms, reinforcing protections
for all accused individuals, especially those facing the death penalty.
In the longer term, lawyers should work toward institutional reforms that eliminate
coercive interrogation practices and strengthen safeguards against torture. This includes
advocating for greater transparency in interrogation procedures, mandatory video
recordings of all custodial questioning, and more robust oversight mechanisms. By
challenging abusive practices at both individual and systemic levels, lawyers help ensure
that justice is not only done but also seen to be done, reinforcing public trust in the legal
system and upholding the rule of law.
Safeguarding the Health and Well-Being of Clients
22.
Lawyers should actively monitor and advocate for the physical and mental health
and well-being of their clients, recognising that the conditions of detention and
prison, combined with the trauma of impending execution, can result in severe
psychological distress and rapid health deterioration.
Prison conditions, including overcrowding, poor hygiene, inadequate sanitation, solitary
confinement and prolonged isolation on death row, exacerbate both physical and
psychological vulnerabilities. Many capital defendants already suffer from pre-existing
March 2025
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