administration in Washington that has publicly renounced the torture policies of the Bush years, it is time for France, Germany and the UK to take responsibility for ongoing violations of the absolute prohibition on torture in the context of their national strategies to counter terrorism, and to reaffirm the basic principle that torture is always wrong whoever commits it and for whatever purpose it is committed. Human Rights Watch calls on the governments of France, Germany and the United Kingdom to: • • • • • • Publicly repudiate reliance on intelligence material obtained from third countries through the use of torture or cruel, inhuman or degrading treatment; Reaffirm the absolute prohibition on the use of torture evidence in any kind of proceeding, including judicial decision-making with respect to measures that affect fundamental rights; Clarify procedure rules on admissibility of torture evidence in criminal and civil proceedings to make clear that where an allegation that a statement was made under torture is raised, the burden of proof is on the state to show that it was not made under torture; Ensure that national intelligence services have clear guidance on appropriate engagement with partner services with known records of torture, and that intelligence cooperation arrangements with third countries include clear human rights stipulations, including the duty to discontinue cooperation in an individual case if credible allegations of torture come to light; Strengthen parliamentary oversight over national intelligence services; and Ensure any form of complicity in torture is a criminal offense in domestic law, and that state agents who are complicit in torture anywhere in the world are prosecuted, including those who systematically receive information from countries and agencies known to practice torture. “No Questions Asked” 4