A/HRC/25/60
(f)
Take positive preventive measures to ensure that the relationships
between executive agencies of different States do not encourage or lead to torture or
other cruel, inhuman or degrading treatment or punishment; inter alia by:
(i)
Establishing requirements in intelligence-sharing agreements that
information obtained in violation of the prohibition of torture or other cruel,
inhuman or degrading treatment or punishment be withheld;
(ii)
Establishing requirements in intelligence-sharing agreements that only
States that comply with the all obligations under the prohibition of torture or
other cruel, inhuman or degrading treatment or punishment be part of
intelligence-sharing agreements.
(g)
Presume that, in cases of information originated in countries where
torture is a systematic or widespread practice, the information collected or received is
a product of torture other cruel, inhuman or degrading treatment or punishment;
(h)
Restrain from collecting, sharing or receiving information even if there
is no pattern of systematic torture, if it is known or should be known that there is a
real risk of acts of torture or other cruel, inhuman or degrading treatment or
punishment; and ensure that opposition to such treatment is clearly communicated to
the providing State;
(i)
Ensure that assurances from foreign services are not regarded as
sufficient to avoid complicity or to permit cooperation where a real risk of torture or
other cruel, inhuman or degrading treatment or punishment is identified;
(j)
Stress that national guidelines must strictly abide by the absolute
prohibition of torture and cruel, inhuman or degrading treatment or punishment and
the resulting ban on any use of information obtained by torture or other cruel,
inhuman or degrading treatment or punishment;
(k)
Elaborate more comprehensive guidelines at the national level reflecting
international law and standards contained in the absolute prohibitions against torture
and other cruel, inhuman or degrading treatment or punishment; including:
(i)
Refraining from differentiating between torture and other cruel,
inhuman or degrading treatment or punishment in accordance with
international law;
(ii)
Refraining from providing an excuse in the event of exceptional
circumstances for using or sharing information which leads to torture or other
ill-treatment.
(l)
services.
Provide effective, impartial and independent oversight of the intelligence
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