Conclusion
Though the moral challenge might be understood to place limits
on what may practically be achieved to regulate the practices of
executive agencies, a proactive preventive approach can serve to
reduce the threat and enhance professional standards of executive
actors in line with international human rights obligations.
With regard to affirmative steps that can be taken to further protection,
while human rights concerns cannot prohibit all intelligence sharing,
a realistic option can be something akin to an ‘acculturation process’,
whereby countries which have more stringent norms on these
issues can have a more positive and ongoing engagement with the
intelligence agencies that are known to torture and therefore influence
them to abstain from the use of torture.
Equally, States might consider whether the important relationships
they maintain with States which routinely torture should include
the continuous exchange of information, with the inevitable result
of torture. States should further consider how to more actively
acculturate executive agencies in such States. Such a process must
start to show how ineffective torture is as a method of interrogation.
The lack of clear practical rules for executive actors and uncertainty
over the application of legal principles indicates the adoption of
internationally agreed standards on this issue would have an impact
on executive agencies across the world. As actors see themselves as
extremely moral actors, there is a presumption that such standards
would be followed. The good practices of Martin Scheinin, former
Special Rapporteur should be used as a good starting point. More
comprehensive guidelines would be welcome to further implement
the absolute prohibition against torture and other ill-treatment.
It should not be accepted that executive agencies, or particularly
those agencies that conduct analysis of information, do not know
the circumstances of its collection. It is unlikely in practice that
intelligence agencies would not ask any questions of the provenance
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents