Annex Former Special Rapporteur Martin Scheinin’s compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies Further to Martin Scheinin’s 2009 recommendation for the adoption of specific guidelines for human rights compliance and best practice by intelligence agencies, 57 the Special Rapporteur submitted a compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism.58 The compilation was the outcome of consultation with governments, experts and practitioners. The report states that the good practices listed therein “not only refers to what is required by international law, including human rights law, but goes beyond these legally binding obligations.”59 Intelligence sharing good practices are listed in practices 31 to 35: Practice 31: Intelligence-sharing between intelligence agencies of the same State or with the authorities of a foreign State is based on national law that outlines clear parameters for intelligence exchange, including the conditions that must be met for information to be shared, the entities with which intelligence may be shared, and the safeguards that apply to exchanges of intelligence. Report of Martin Scheinin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, A/HRC/10/3, 4 February 2009, at para.78. 58 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. 59 Ibid., in summary paragraphs. 57 45

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