• • • • • • Impose a strict separation between law enforcement/judicial activities and intelligence gathering activities in the Central Agency for Domestic Intelligence (Direction central du renseignement intérieur, DCRI). 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 human rights records. The process of assessing such information should include, at a minimum: o Consultation with other relevant government agencies, including the Ministry of Foreign Affairs, 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 European Union • • The EU High Representative for Foreign Affairs and Security Policy should unequivocally assert the EU’s repudiation of reliance on intelligence obtained from third countries through torture or ill-treatment. The European Commissioner on Fundamental Rights should ensure that the next periodic assessment of implementation of EU Guidelines on Torture and Other Cruel, Inhuman or Degrading Treatment include intensive scrutiny of counterintelligence cooperation between EU member countries and third countries, with a view to updating the operational part of the Guidelines to ensure that: o The EU communicates clearly in political dialogue with third countries its repudiation of torture intelligence; and 59 Human Rights Watch | June 2010