A/HRC/25/60 information. Non-compliance with those principles makes the State complicit in acts of torture or other ill-treatment and responsible for an internationally wrongful act. 78. Therefore, torture-tainted information, even when not intended to be used in court proceedings, must be treated in the same way that a court would treat evidence obtained by torture or other ill-treatment. The Special Rapporteur reiterates that every use of torture-tainted information is encouragement of torture or ill-treatment after the fact, and therefore establishes complicity in such acts and a failure to prevent the next round of torture or other ill-treatment. 79. States cannot resort to diplomatic assurances as a safeguard against torture or other ill-treatment where there is a real risk of such acts. Such assurances are incapable of mitigating the responsibility of the State that relies on the information so obtained. 80. Executive agencies should be governed by detailed guidelines to avoid complicity in such acts and reflect all international standards required by the prohibition of torture and other ill-treatment. 81. To ensure accountability in intelligence cooperation, truly independent intelligence review and oversight mechanisms should be established and enhanced. The Special Rapporteur commends the guidelines proposed by the Special Rapporteur on human rights while encountering terrorism in his 2010 report A/HRC/14/4659 as a starting point for further development. B. Recommendations 82. Regarding the use of torture-tainted information in any proceedings, all States shall: (a) Reaffirm the absolute and non-derogable nature of the exclusionary rule; (b) Review criminal investigation practices to promote professional standards and eliminate confessions as the primary or sole evidence necessary for a prosecution; (c) Ensure that legislation concerning evidence presented in any proceedings is brought into line with the exclusionary rule in order to exclude explicitly and declare inadmissible any evidence or extrajudicial statement obtained under torture or other ill-treatment at any state of any proceedings, irrespective of the classification of treatment as torture or other cruel, inhuman or degrading treatment or punishment; (d) Ensure that the exercise of discretion by national authorities in circumstances where torture or other cruel, inhuman or degrading treatment or punishment is alleged is prohibited; (e) Ensure that the use of real or other evidence obtained as an indirect result of acts of torture or other cruel, inhuman or degrading treatment or punishment is prohibited and excluded from any proceedings; 59 Principles 31-35 19