Use of Torture Material by the Judiciary If the activities and international information-sharing arrangements of French intelligence services remain relatively opaque, the role of intelligence material in the judicial process is clear and troubling. Most if not all terrorism investigations are launched by judges on the basis of information collected by intelligence services, including through relations with similar services in foreign countries. The lack of effective judicial control over intelligence information received from security services, the operational use of such information to open official investigations and detain people, and the use of torture evidence at trial all undermine the rule of law and the absolute prohibition on torture. France’s preemptive criminal justice approach to countering terrorism is characterized by close cooperation between specialized investigating judges, on the one hand, and the police and intelligence services on the other. The DCRI is both an intelligence-gathering agency and a judicial police force, which means DCRI agents can be assigned to assist investigating judges in criminal inquiries. In practice this translates into a continuous exchange of information and joint strategizing between the investigative judges and security service agents. In its 2006 White Paper, the government stressed that the dual nature of the security service “makes possible the use of information acquired through intelligence during judicial procedures, whereas in the other direction, the information gathered in the context of judicial procedures is used to guide the security police work.”135 Human Rights Watch is unaware of any written instructions or other guidance (whether from the Ministry of Justice or otherwise) to investigating judges concerning their duty to ascertain whether intelligence material was obtained under torture or ill-treatment. A senior Justice Ministry official told Human Rights Watch that investigating judges have an obligation to ensure information was obtained lawfully and that they discharge that obligation.136 One counterterrorism investigating judge explained, however, that where the French intelligence services do the “interfacing” with foreign services, it is impossible to have any 135 White Paper on Domestic Security against Terrorism, p. 53. The report refers to the Direction de la Surveillance du Territoire, DST, which was fused with another domestic intelligence service in 2008 to create the DCRI. One counterterrorism official told Human Rights Watch, “That’s the French distinctiveness: judges and police officers working together every day. There’s a kind of trust there. The passage between intelligence operation and judicial investigation is very easy. The judge is an ally, not an adversary, and that is a big help.” Human Rights Watch interview with counterterrorism official who requested anonymity, Paris, December 12, 2007. The DCRI is situated within the National Police, under the Interior Ministry. 136 Human Rights Watch interview with Delphine Dewailly, Direction des affaires criminelles et des grâces, Ministry of Justice, May 19, 2009. “No Questions Asked” 48