Commentary, with reference to UK and US case law, considering the international legal principle prohibiting torture and the evidentiary use of the fruits of torture as established in the European Convention on Human Rights and approaches to protecting society in the context of the real risk of terrorism. Article by Dr Kern Alexander published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London).