beating, freezing temperatures, and bending people into the frame of a wheel and whipping
exposed body parts.160
Judicial cooperation, while an important tool in efforts to prosecute terrorism offenses,
cannot turn a blind eye to torture and ill-treatment without running afoul of France’s
international obligations under the global ban on torture. Investigating judges must make
every effort to ensure that this kind of cooperation does not encourage or benefit from such
abuse.
Oversight and Accountability
Until just three years ago France lacked any kind of parliamentary oversight of intelligence
services. An October 2007 law created a special parliamentary “delegation” composed of
four representatives from each chamber of parliament. The delegation has a weak mandate:
it can evaluate the general activities, budget and the organization of French intelligence
services, but it does not have powers to examine operational activities, executive
instructions to the services, or cooperation with foreign intelligence services or international
organizations.
The delegation may not have access to any information which the authorities believe could
endanger the anonymity, safety or life of a person, whether connected to one of the
intelligence services or not, or the methods used to acquire information. Finally, the
delegation can only summon the heads of the service, not staff.161 The delegation, which
officially began its work in December 2007, produced its first report in December 2009,
despite its obligation to publish a report on its activities every year.162 According to the
report, the delegation held monthly internal meetings, and eleven meetings with senior
intelligence officials, including directors of intelligence services and President Sarkozy’s
national intelligence coordinator, Bernard Bajolet. The report does not contain information
on the dates, locations and content of these meetings, and provides little detail about the
issues addressed by the delegation or its conclusions. The delegation’s weak mandate and
the lack of transparency to date with respect to its endeavors raise serious doubts about the
role it can play in providing proper democratic oversight.
160
US Department of State, Bureau of Democracy, Human Rights, and Labor, “Country Reports on Human Rights Practices –
2008: Syria,” February 29, 2009, http://www.state.gov/g/drl/rls/hrrpt/2008/nea/119127.htm (accessed September 21, 2009).
See also Human Rights Watch, World Report 2008, chapter on Syria,
http://hrw.org/englishwr2k8/docs/2008/01/31/syria17619.htm.
161
Law 2007-1443 of 9 October 2007 creating a parliamentary delegation on intelligence, article 1.
162
The report is available at www.assemblee-nationale.fr/13/rap-off/i2170.asp. For a brief explanation of the delegation’s
mandate, see www.assemblee-nationale.fr/connaissance/delegation_renseignement.asp.
55
Human Rights Watch | June 2010
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