The EU urges third countries to take effective measures to ensure that
information obtained under torture or ill-treatment is not shared with
intelligence services in EU member states.
The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs
(LIBE) should be seized of the issue of member states’ reliance on intelligence
obtained from third countries through torture and ill-treatment, and consider the
appointment of a rapporteur to look into the matter. The Committee should also
request the Commission and the Council to report to it on measures taken to address
the problem.
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To the Council of Europe
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The Commissioner for Human Rights and the Committee for the Prevention of Torture
should, in their future communications with and visits to France, Germany and the
United Kingdom, inquire about:
o steps to create appropriate legal frameworks and accountability mechanisms
for intelligence cooperation with third countries;
o internal guidelines for national intelligence services with respect to the
receipt and use of information from partner services with poor records on
torture; and
o national law and jurisprudence on the use of torture evidence in any
proceedings, including judicially authorized investigations, as well as on the
burden of proof.
The Parliamentary Assembly’s Committee on Legal Affairs and Human Rights should
be seized of the issue of member states’ reliance on intelligence obtained from third
countries through torture and ill-treatment, and consider the appointment of a
rapporteur with a view to establishing the extent of such practices throughout the
Council of Europe region and formulating recommendations for steps to bring such
practices to an end.
To the UN Committee against Torture
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Develop an authoritative general comment on article 15 of the Convention against
Torture prohibiting the use of statements made under torture in any proceedings.
This general comment should address outstanding questions in international law
with respect to:
o scope of “any proceedings”
“No Questions Asked”
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