interrogations abroad. Our request for an interview, sent August 19, 2009, to discuss this
matter with DCRI director Bernard Squarcini was never answered.
A French counterterrorism official told Human Rights Watch that French services normally
receive a “refined product,” in the form of a summary or simply a tip-off, from a foreign
intelligence service, rather than the raw intelligence. 131 They then evaluate the reliability of
the information taking into account the known methods and efficiency of the foreign service
involved and attempt to cross-reference the information. The official stressed that
information obtained illegally, including through torture or ill-treatment, is unacceptable
because the information is not reliable and it will ultimately be ruled inadmissible in court.132
Human Rights Watch was unable to learn what methods French intelligence services use to
assess whether information was obtained unlawfully. In practice however, as detailed below,
such material has been admissible as evidence in French courts.
As members of the police force, DCRI agents are ostensibly held to respect the National
Police Code of Ethics, which prohibits “violence or inhuman or degrading treatment” against
individuals in custody by police officers or third parties. It obligates any officer who
witnesses prohibited behavior to intervene to stop it and to report the incident to the
competent authorities.133 Nonetheless, national and international nongovernmental
organizations and UN bodies have criticized the lack of effective and impartial investigations
of allegations of abuse involving the French police, raising concerns that these guidelines
are not adequately upheld or enforced.134
131
Human Rights Watch interview with two French counterterrorism officials who requested anonymity, Paris, December 12,
2007.
132
Ibid.
133
National Police Code of Ethics,
http://www.legifrance.gouv.fr/affichCode.do;jsessionid=6C166BF16ACBC883581304E3C6E844BB.tpdjo12v_3?cidTexte=LEGI
TEXT000006071071&dateTexte=20090921 (accessed September 21, 2009), article 10.
134
UN Committee Against Torture, Consideration of reports submitted by State Parties under article 19 of the Convention:
conclusions and recommendations of the Committee Against Torture: France, 3April, 2006, CAT/C/FRA/CO/3,
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.FRA.CO.3.En?Opendocument (accessed December 10, 2009); UN Human
Rights Committee , Consideration of reports submitted by States parties under article 40 of the Covenant : International
Covenant on Civil and Political Rights : concluding observations of the Human Rights Committee: France, 31 July
2008, CCPR/C/FRA/CO/4, available at: http://www.unhcr.org/refworld/docid/48c50ebe2.html (accessed 11 December 2009);
UN Committee on the Elimination of Racial Discrimination, Consideration of reports submitted by States parties under article 9
of the Convention: Concluding observations of the Committee on the Elimination of Racial Discrimination: France, 18 April
2005, CERD/C/FRA/CO/16, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CERD.C.FRA.CO.16.En?Opendocument (accessed
December 10, 2009); European Committee for the Prevention of Torture, Rapport au Gouvernement de la République française
relatif à la visite effectuée en France par le Comité européen pour la prévention de la torture et des peines ou traitements
inhumains ou dégradants (CPT) du 27 septembre au 9 octobre 2006, 10 December 2007, CPT/Inf (2007) 44, available at:
http://www.unhcr.org/refworld/docid/475d51af2.html (accessed 11 December 2009); Council of Europe Commissioner for
Human Rights, Report of Alvaro Gil-Robles on the Effective Respect for Human Rights in France following his visit from 5 to 21
September 2005, 15 February 2006, CommDH(2006)2, available at:
http://www.unhcr.org/refworld/docid/4402c3c94.html (accessed December 11, 2009).
47
Human Rights Watch | June 2010
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