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 21

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