- 35 - CDL-AD(2006)009 CONCLUSIONS 154. Council of Europe member States are under an obligation to fight terrorism, but in doing so they must safeguard human rights. 155. Council of Europe member States are under an international legal obligation to secure that everyone within their jurisdiction (see para. 146 above) enjoy internationally agreed fundamental rights, including and notably that they are not unlawfully deprived of their personal freedom and are not subjected to torture and inhuman and degrading treatment, including in breach of the prohibition to extradite or deport where there exists a risk of torture or illtreatment. This obligation may also be violated by acquiescence or connivance in the conduct of foreign agents. There exists in particular a positive duty to investigate into substantiated claims of breaches of fundamental rights by foreign agents, particularly in case of allegations of torture or unacknowledged detention. 156. Council of Europe member States are bound by numerous multilateral and bilateral treaties in different fields, such as collective self-defence, international civil aviation and military bases. The obligations arising out of these treaties do not prevent States from complying with their human rights obligations. These treaties must be interpreted and applied in a manner consistent with the Parties’ human rights obligations. Indeed, an implied condition of any agreement is that, in carrying it out, the States will act in conformity with international law, in particular human rights law. 157. The Venice Commission considers that there is room to interpret and apply the different applicable treaties in a manner that is compatible with the principle of respect for fundamental rights. Council of Europe member States must do so. For example, the search of a state airplane which has presented itself as a civil aircraft is allowed under the Chicago Convention and must be effected whenever there are reasonable grounds to suspect that the plane may be used to commit human rights breaches. The relevant inter-state practice must be changed and adapted to this obligation, without however frustrating the legitimate aims pursued by the treaties in question. Diplomatic measures may also need to be taken. 158. To the extent that this due interpretation and application of the existing treaties in the light of human rights obligations is not possible, Council of Europe member States must take all the necessary measures to renegotiate and amend the treaty provisions to this effect. 159. In reply to the questions put by the Legal Affairs Committee of the Parliamentary Assembly of the Council of Europe, the Venice Commission has reached the conclusions listed below: As regards arrest and secret detention a) Any form of involvement of a Council of Europe member State or receipt of information prior to an arrest within its jurisdiction by foreign agents entails accountability under Articles 1 and 5 of the European Convention on Human Rights (and possibly Article 3 in respect of the modalities of the arrest). A State must thus prevent the arrest from taking place. If the arrest is effected by foreign authorities in the exercise of their jurisdiction under the terms of an applicable Status of Forces Agreement (SOFA), the Council of Europe member State concerned may remain accountable under the European