A/HRC/22/52 must be determined by a body that is independent of the executive, following an adversarial procedure with such adaptations as may be strictly necessary to ensure effective independent oversight without unjustifiably imperiling legitimate national security interests.100 Where such claims are advanced there should be a strong presumption in favour of disclosure,101 and any procedure adopted must, as a minimum, ensure that the essential gist of the classified information is disclosed to the victim or his family, and made public.102 42. The Special Rapporteur commends as a model the approach adopted by the Canadian authorities (and by the investigating judge Justice Dennis O'Connor) in the Maher Arar Inquiry103 into the rendition and torture of a Canadian citizen pursuant to the Bush-era CIA's counter-terrorism programme. In that case, the judge was provided with all documentation, irrespective of the possible national security claims that arose; the Canadian Government highlighted the passages it considered to be classified; the judge determined the claim on the merits; and his determination was potentially amenable to judicial review. Making full use of these powers, Justice O'Connor concluded that the Royal Canadian Mounted Police had provided “inaccurate and unfairly prejudicial” information to the FBI, which led to Mr. Arar's detention at JFK airport in New York, and his subsequent transfer to via Jordan to the Syrian Arab Republic, where he was imprisoned for 10 months and subjected to repeated acts of torture including beatings with cables, and being threatened with torture by electric shocks.104 43. In his final report, Justice O'Connor made a series of important recommendations about the need for an integrated intelligence oversight and accountability mechanism in Canada. He also concluded that the success of the inquiry in getting at the facts was a direct consequence of his powers to compel production of evidence and the attendance of witnesses, and to assess the competing interests of national security and public accountability for himself. C. Situations of pressing concern 44. In February 2010, four special procedures mandate holders presented the United Nations joint study on secret detention while countering terrorism to the Human Rights Council.105 After the report was presented, and in order to follow up its findings and recommendations, the authors wrote to all States identified in the report seeking their response to the concerns it had highlighted. The Special Rapporteur notes with concern that a significant number of States simply failed to respond. The Special Rapporteur calls on all 100 101 102 103 104 105 of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (Professional Training, Series No. 8, Rev. 1 (2004) (“Istanbul Protocol”), http://www.unhchr.ch/pdf.8istprot.pdf, paras 80 and 108(a). Marty III, op. cit., footnote 15, paras. 13.3, 51(4) and 56. Report of Events Relating to Maher Arar, [Reference], p. 277. United Nations Basic Principles on Remedy and Reparation for Gross Human Rights and Humanitarian Law Violations, op. cit., footnote 33, paras. 22(a) to (d): Istanbul Protocol, op. cit., footnote 99, para. 82; ECtHR, A. and Others v. United Kingdom, application No. 3455/05, Judgment at paras. 218 to 220; Case T-85/09 Yassin Abdullah Kadi v. European Commission, General Court (Seventh Chamber), 30 September 2010 [2011] CMLR 24, paras. 173 to 174; Home Secretary v. AF (No. 3) [2010] AC 289. Report of Events Relating to Maher Arar, , pp. 283-284. In light of the findings of the Maher Arar Inquiry the Prime Minister of Canada issued a formal apology made a payment of $10.5 million in compensation to Mr. Arar. United Nations Joint Study on Secret Detention, op. cit., footnote 1. 17