Context: Upholding Fundamental Principles in the fight against Terrorism “The war on terror continues to serve as a justification for the indiscriminate exchange of large amounts of highly sensitive information. Those providing the information have no overview of who it is that receives the information and to what uses or misuses this information is put. […] [A] legal filter is now needed more urgently than ever.” 1 Since the terrorist attacks against the United States in 2001, intelligence cooperation between States has expanded significantly. 2 The increased demands of tracking and managing multiple global terrorist threats has required almost every intelligence, security and police service to build relationships more widely than before, and increasingly, with States with poor human rights records. Recent scrutiny of intelligence failures has pushed intelligence sharing policies into the public domain and has resulted in wide discussions about whether the sharing and use of information obtained from torture and other abusive practices can be considered justifiable, expedient, or lawful. Information now in the public domain has made it increasingly obvious that information tainted by torture continues to be used widely across a range of executive actions. ‘Information’ or ‘intelligence’ is used by a variety of executive actors for a number of purposes. It may be used to establish a basis for criminal investigation, justify administrative detention, influence immigration decisions or sanctions, drive government policy, or direct military or intelligence actions overseas. The variety of uses 1 2 ECCHR, Torture and the Use of Information in Countering Terrorism, Berlin, 31 October 2011, p.30. See Security Council Resolution 1373 (2001), which called on all States to intensify and accelerate the exchange of operational information and cooperate to prevent and suppress terrorist attacks. See also Resolution 1624 (2005), which stressed that States must ensure that any measures taken to combat terrorism comply with all of their obligations under international human rights law. 5

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