• • human rights records. The process of assessing such information should include, at a minimum: o Consultation with other relevant government agencies, including the Federal Foreign Office, and reliable public reports about human rights record of sending country; 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 sending country. Ensure that all allegations of individual complicity in the torture or ill-treatment of individuals in third countries are subject to criminal investigation and, where the evidence warrants, prosecution. To the Government of France • • • • • • 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. Amend the codes governing criminal and civil proceedings to state explicitly that evidence extracted under torture or ill-treatment, regardless of its provenance, is not admissible at any stage of legal proceedings and investigations by judges and prosecutors, and to make clear 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. Impose a statutory obligation on investigating judges or any other competent judicial or law enforcement authority tasked with terrorism investigations to assess whether intelligence material was obtained under torture or ill-treatment. Ensure that investigating judges or any other competent judicial or law enforcement officers who submit questions to authorities in third countries for interrogation purposes are required to inquire about the conditions and treatment of the detainee. Reform the current parliamentary delegation on intelligence matters to create a permanent committee with a robust mandate to examine both the policy and operations of French intelligence services, including cooperation arrangements with third countries. “No Questions Asked” 58