BEWARE THE GIFT OF POISON FRUIT
Even a visit which does not reveal any information which could impact
negatively on the treatment of any suspect could have unintended
consequences. Decisions to interact with States that torture must
be made in a way which is controlled carefully to avoid complicity in
human rights abuses, or a perception of endorsement.
Requests for information
Questions posed have the potential to lead to a violation of human
rights law. Agencies should carefully evaluate the risks posed by
requesting information from questionable agencies, and attempt to
ensure the person is treated in line with international human rights
standards.
Good practice for the receipt of information likely
obtained by torture
For inbound information, a proper assessment of the information
must determine whether it has likely been produced as a result of
torture. Information should additionally be checked for accuracy
and analysed in the light of the context from which the information
originates. As noted above, acceptance of information can condone
torture and lead to State responsibility for the wrongful acts. All
agencies should adopt policies for the receipt of information from
such States, with special focus on the reliability and accuracy of the
information.
Where a State has a questionable human rights record, even the
‘passive’ receipt of information should be viewed with suspicion, and
rejected where appropriate.
The provenance of intelligence must always be caveated
in one way or another
Authorities have an interest and responsibility to ensure the
information it shares is accurate and appropriate for the purpose. It
is also important that the authorities control, to the extent they are
able, the use of such shared information. This is known as the control
principle, and is “rule number one of intelligence sharing.”50
50
38
Ibid.
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