• • • arrangements should also include mechanisms for follow-up and accountability in case of breach of the arrangement. Ensure that all intelligence officers are provided with clear, written guidelines governing the interrogation of detainees in third countries. Ensure that all intelligence officers are provided with clear, written guidelines that set out the policy for the receipt of information from countries with questionable human rights records. The process of assessing such information should include, at a minimum: o Consultation with other relevant government departments, including the Foreign and Commonwealth Office, and reliable public reports about human rights record of the country providing the information; and o Analysis of general patterns of abuse and the conditions of confinement, treatment and interrogation of detainees. Require that cooperation discontinue in any case where there is evidence of illtreatment or torture and ensure that opposition to such treatment is clearly communicated to the country providing the information. To the Government of Germany • • • • • • • 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 torture, including the use of torture evidence at any stage of the judicial process. Support a reinterpretation of the standing jurisprudence on the burden of proof to clarify in both criminal and civil proceedings 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. Review current guidelines governing interrogation by intelligence agents of suspects abroad and submit them to parliamentary oversight. Ensure that intelligence cooperation arrangements with foreign countries include clear human rights stipulations, including a firm repudiation of the use of torture or cruel, in human or degrading treatment in the gathering of intelligence. These arrangements should also include mechanisms for follow-up and accountability in case of breach of the arrangement. Ensure that all intelligence officers are provided with clear, written guidelines governing the interrogation of detainees in third countries. Ensure that all intelligence officers are provided with clear, written guidelines that set out the policy for the receipt of information from countries with questionable 57 Human Rights Watch | June 2010