BEWARE THE GIFT OF POISON FRUIT
of information, because such agencies need to know the source in
order to assess the value of the information.
A ‘checklist of compliance’ with international law might also be
adopted to assist parliamentary oversight mechanisms establish
practices for police, security and intelligence services which
significantly reduce the risk that torture will be used to extract
information or that torture will result at the end of such cooperation.
The development of normative guidance would be welcome, but
additional safeguards to ensure compliance, such as independent
oversight, would also be essential additional components to
ensure its success. It is only through effective oversight that the
implementation of standards can be assessed.
Due to uncertainties over the specific application of general legal
principles to the executive use of torture-tainted information,
and the real practical challenges faced executive actors, further
expert analysis is warranted. From such expert analysis, a clear
set of principles and guidelines on the executive use of such
information is recommended for development, which could serve
to guide national policy, closing the international market for
torture products and enabling States to avoid complicit liability
for acts of torture committed overseas.
44
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