International principles for executive agencies “Information sharing is vital, but it must take place in a reliable and responsible fashion. The need for information sharing does not mean that information should be shared without controls, particularly without the use of caveats. […] [C]ontrols are meant to facilitate and promote the orderly flow of information, not impede or stop it.”46 From discussions with experts and from the examples described in this report, it is possible to distil a number of principles and questions for executive agencies to consider, which might be further developed. Clear prohibition on active collection of torture-tainted information It is well understood that the active participation or complicity in the torture of persons overseas is unlawful. This principle applies to prevent executive agents asking questions or in any way encouraging the abuse of a person held overseas. Practice 35: Intelligence services are explicitly prohibited from employing the assistance of foreign intelligence services in any way that results in the circumvention of national legal standards and institutional controls on their own activities. If States request foreign intelligence services to undertake activities on their behalf, they require these services to comply with the same legal standards that would apply if the activities were undertaken by their own intelligence services.47 46 47 Per Justice O’Connor, in Arar recommendations, supra., p.331. Report of Martin Scheinin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/ HRC/14/46, 17 May 2010. 35