SHARING INFORMATION WITH STATES THAT TORTURE Information shared without caveats could lead to a partner agency placing reliance on information which is ill-deserved. In the Arar Commission, Justice O’Connor considered that as one never knows the importance information may hold in the overall intelligence picture as information from various sources are pieced together, even seemingly minor details, when taken together, can create a picture of someone who is heavily involved in illegal activities. State officials should conduct an assessment of information’s reliability, and this assessment should accompany the information when, or if, it is distributed to additional agencies. Caveats are already used widely by both law enforcement and intelligence and security agencies, to manage information where there are questions over its source, its reliability and how it should be used. One example of the use of caveats is practice is the 5x5x5 form, which is the national information and intelligence reporting process which allows the UK Police Service and other agencies to record, evaluate and disseminate information. The form assigns a value to the source, the information and how it should be handled, thus allowing the police to handle and use information where there are questions over its truth. 51 Caveats do not mean that information will not be misused, but do provide a moral obligation to use the information only in the way intended: “They are the best means available to reduce the risk of misuse.”52 Misuse of shared information can also lead to a review of cooperation in future. The Arar case demonstrates the importance of using caveats to ensure both accuracy and minimise the risk of intelligence being given too much reliance where there are concerns over its source or its reliability. 51 52 See, Practice Advice: Introduction to Intelligence Led Policing, Association of Chief Police Officers (2007), at http://www.acpo.police.uk/documents/ crime/2007/200708-cba-intelligence-led-policing.pdf. Arar recommendations, supra., p.342. 39