SHARING INFORMATION WITH STATES THAT TORTURE
and ill-treatment. The Committee against Torture has made critical
statements on the use of diplomatic assurances, and has recalled
that they are not sufficient to protect detainees in the context of
cross border intelligence sharing.
Most recently, in their follow-up report to the Committee against
Torture, the Canadian Government reinforced that Canada neither
promotes nor condones the use of torture or other unlawful methods
of investigation, yet rejected the recommendation of the Committee
to modify the Ministerial Directions to ensure consistency with
the Convention against Torture.44 The Statement recalled that the
Ministerial Direction had required that procedural safeguards must
be in place in order for its agencies to use and share information:
First, agencies must take all reasonable measures to reduce
the risk that any action on their part might promote or
condone the use of mistreatment. Second, they must have in
place reasonable and appropriate measures to identify foreign
entity information that is likely to have been derived from
mistreatment, and must properly characterize this information
in any further dissemination of it.45
Such advice does not exclude the possibility that Canadian agencies
may use information tainted by torture, nor does the Direction
exclude the possibility that information would be shared with
another State which tortures a person in their custody.
While both sets of guidelines share a fair number of weaknesses, the
mere fact that guidelines have been agreed and published is proof
that Canada and the UK recognise a duty of care for persons held
overseas, and the challenges their executive agents face in using and
sharing information with partner agencies overseas. This recognition,
and the commitment to provide practical and transparent advice, is
good practice that other States might share.
CAT, Interim Report in follow-up to the review of Canada’s Sixth Report on the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, August 2013, CAT/C/CAN/CO/6/Add.1.
45
Ibid., at para.30.
44
33
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