BEWARE THE GIFT OF POISON FRUIT
such pressure caused agency staff to take increasingly dangerous
risks to show the results that are required, both by their own
agencies and foreign agencies. Published materials have confirmed
that under such pressure, staff from executive agencies in various
countries have been increasingly susceptible to break the rules and
act unlawfully. There must be clear and unambiguous safeguards in
place to prevent such actions. Training must reassure agencies that
no person will be asked to break the law to fulfil their duties, even
in periods of extreme tension, and that any such request must be
rejected and reported.
Publish guidance for executive agencies
Even though the UK and Canada’s guidelines are flawed, they do
acknowledge the existence of certain duties and are useful in the
sense of recognizing that some obligations are owed to persons in
detention. States, by even enunciating these guidelines, recognize
that they do not have carte blanche to treat detainees however they
want.
Such detailed guidelines are encouraging, and may serve as an
example for other States. As noted above, such guidance should be
open to regular parliamentary scrutiny and oversight.
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