Executive Summary Torture is an abhorrent practice and absolutely prohibited. It is prohibited in international treaties, customary international law, and in the constitutional guarantees of almost every State. Yet despite its blatant illegality, torture continues to be practiced in States around the world. In the years since the terrorist attacks in 2001, intelligence cooperation between States has expanded significantly. Police, security and intelligence agencies (hereafter “executive agencies”) in several States have demonstrated a willingness to rely on information obtained through torture, and have shared information which is later used to abuse detainees overseas. Such cooperation, particularly among States which systematically use torture, leaves executive agencies and their agents vulnerable to allegations of complicity. In some cases, executive agencies have appeared to actively participate in torture, in ways which extend beyond complicity into direct perpetration of the abuse. The apparent willingness of States to violate the absolute prohibition against torture is extremely regrettable. Now, more than a decade since the war against terrorism was launched, executive agencies have an opportunity to consider what the permissible limits of cooperation should be, in order to restore the dignity of the absolute prohibition against torture, which stands as a peremptory norm (jus cogens) of international law. There are several important reasons why States should reconsider how they cooperate with States that torture. The information received from such States is immediately suspicious and likely to be unreliable, wasting the time and resources of executive agencies. Furthermore, by sharing information with such States, or relying on torture-tainted information, States encourage torture and create a market for its products. 3