grounds to believe torture was employed to procure the information, a stated or demonstrated willingness to use torture information can legitimize and encourage reprehensible abuse. At a minimum, this violates states’ responsibilities under international law to work towards the prevention and eradication of torture. In some instances, it may amount to complicity in torture. Information originating as intelligence from untrustworthy partners has been used in criminal and other proceedings in France and Germany in clear violation of national and international law prohibiting the use of torture evidence in “any proceedings.” In those countries and the United Kingdom, judicial interpretations on the proof required to determine if evidence was obtained under torture in effect mean that the suspects carry the burden of proof, instead of making it the duty of a prosecutor or court to establish that contested evidence was not obtained through torture. States bear full responsibility for ensuring that intelligence activities comport with fundamental human rights. Yet intelligence officers in France, Germany and the United Kingdom do not receive adequate and transparent guidance with respect to engagement with similar services in countries with poor records on torture. It is not clear whether bilateral arrangements for cooperation and information-sharing include human rights considerations. In each of the three countries, mechanisms for democratic oversight of intelligence services, and in particular, of international cooperation among intelligence services, are inadequate. Questioning the prohibition on torture is counterproductive. Over the long-term, abuses in the name of countering terrorism nurture the grievances and sense of injustice that fuel radicalization and recruitment to terrorism. And efforts to prevent and eradicate torture lose their credibility if accompanied by a wink and a nod from European security services condoning torture in certain countries. As the recent Lisbon treaty and entry into force of the Charter of Fundamental Rights have affirmed, the European Union is founded on respect for human rights and the rule of law. The policies pursued by London, Berlin and Paris documented in this report run counter to those values. They damage the credibility of the European Union, creating a double standard between the EU’s stated commitment to eradicate torture and ill-treatment around the world and the record of its leading member states. Europe has been forced to confront its complicity in US counterterrorism abuses, including hosting secret detention sites and facilitating extraordinary renditions. With a new 3 Human Rights Watch | June 2010