SHARING INFORMATION WITH STATES THAT TORTURE
observed, there are no reasons to prevent an intelligence oversight
organ from reviewing agreements upon which intelligence sharing is
based as well as intelligence sent to foreign entities.
The real practical challenges in proving complicity with regards to
torture committed overseas again underlines the overriding need
for democratic oversight of intelligence agencies, which can request
the information which could establish ‘knowledge’ for the purpose
of a finding of complicity in acts of torture committed overseas.
In a 2010 Joint Study on Global Practices in Relation to Secret
Detention in the Context of Countering Terrorism, Special Procedures
of the Human Rights Council recommended “any action by
intelligence services should be governed by law, which in turn should
be in conformity with international norms. To ensure accountability
in intelligence cooperation, truly independent intelligence review
and oversight mechanisms should be established and enhanced.”56
Pursuant to the Arar case, one of the principal findings of Justice
O’Connor’s report on recommendations for oversight of intelligence
services to prevent illegal intelligence methods and better review
was that an integrated approach was essential to ensure there were
no gaps between domestic oversight mechanisms.
Practical training should be made available to give
operational actors full instruction on these standards
It is now common to require police and law enforcement officials to
undergo ongoing training to abstain from torture and other forms
of ill-treatment. Such training and syllabus development is often
facilitated by interested NGOs and activists, but other relevant actors
(such as professional legal associations) also play an important role.
The effective prohibition and prevention of torture must also form a
key part of the ongoing training delivered to security and intelligence
officials, which should be dispersed into regular training, particularly
in areas of key risk such as interviewing persons, and reducing the
risks of torture when working with other agencies.
We have seen that periods of tension and conflict can lead to a huge
amount of pressure being left on all executive agencies to deliver
results. In the period of aggressive counter-terrorism operations,
56
A/HRC/13/42, 19 February 2010.
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents