• Where allegations of torture or other forms of ill-treatment are raised by a defendant during trial, the burden should shift to the prosecution to prove beyond reasonable doubt that the confession was not obtained by unlawful means, including torture and similar ill-treatment.53 53 Interim report by Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment to the General Assembly, A/57/173, 2 July 2002, paras 22 - 23. 66