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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