FOREIGN EXPERIENCE OF TORTURE IN CRIMINAL PROCEEDINGS, WHICH SHOULD NOT BE USED

Abstract

The article analyzes the negative experience of developed foreign countries on the
use of torture in the criminal trial in the light of the need to effectively combat terrorism
and threats to the existence of the nation. Developed western countries, faced the threat
of terrorist attacks, depart from the liberal values of respect for the honor and dignity of
individuals in order to obtain incriminating evidence. The paper raises the problem of
double standards in the work of the European Court of Human Rights in evaluation of
similar Russian and foreign practice. Analyzed experience of the British and Northern
Irish partners encourages acting more subtly through the recognition of the threat to life
of the nation as a basis for the use of five specific methods of interrogation. However,
Russia does not set and should not establish special rules for the production of exceptional
cases in violation of international agreements, taking as a fact of attention to everything
happening on its territory, without counting on indulgence and the use of valuation
formulas by international justice. The author proves the thesis that for Russia, this
approach is not acceptable in its modern history has never been accepted as a basis.