A/HRC/16/50 ensure that regulatory frameworks are in place to ensure compliance with international human rights law in intelligence cooperation.29 40. Other concerns related to the reliance on intelligence for the purposes of criminal justice include differences in evidentiary standards, as the procedures for the gathering of intelligence are subject generally to lower legal thresholds than those which normally govern the collection of evidence for use in criminal proceedings. In some cases, States bypass criminal law channels by using intelligence warrants to obtain evidence for use in legal proceedings, in particular where the threshold for obtaining a warrant for criminal purposes is not met. At the same time, the reliability of intelligence for purposes of criminal justice is questionable as it may include rumours or hearsay, yet the inherently secretive nature of intelligence means that it may not be subject to testing in the context of criminal legal proceedings.30 Furthermore, the disclosure of intelligence submitted as evidence may be suppressed, thereby denying the right of the accused to review and challenge the evidence. In some cases the suppression of intelligence may lead to dismissal of proceedings altogether and the frustration of otherwise legitimate prosecutions. These practices can be detrimental to human rights and the rule of law, including the right to fair trial for the accused, as well as to the effective prosecution of individuals suspected of terrorist activity. IV. Conclusions and recommendations 41. The reaffirmation by the General Assembly of the Global Counter-Terrorism Strategy is a clear re-endorsement by all Member States that respect for human rights for all and the rule of law are the fundamental basis of the fight against terrorism, and that human rights and countering terrorism are mutually reinforcing goals. There can be no security without human rights. 42. My Office is committed to its continued contribution to the Counter-Terrorism Implementation Task Force, which plays a crucial role in facilitating and promoting coordination and coherence in the implementation of the Global Strategy at the national, regional and global levels. I urge the Task Force, its working groups and its initiatives to incorporate a human rights approach and address human rights issues and concerns in all aspects of their work, in line with the approach mandated by Member States participating in the Global Strategy, and to ensure that the assistance provided by the Task Force to respond to terrorism is both effective and sustainable. 43. The activities of civil society are vital for increasing awareness about the threats of terrorism and more effectively tackling them, and for ensuring respect for human rights and the rule of law. I encourage the Task Force as a whole, including under the leadership of the working group on protecting human rights while countering terrorism, to step up its engagement with civil society, NGOs and human rights defenders. Such engagement can inform any assistance provided by the Task Force 29 30 See the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/HRC/14/46). The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has noted with concern that in different courts “the line between [] strategic intelligence and probative evidence has become blurred to the advantage of different forms of ‘national security imperatives’” and stressed that “[j]udicial approval for a special investigative technique must be given in order to make permissible the use of the fruits of the technique as evidence in court” (A/HRC/10/3, para. 29). He further notes that intelligence collected for use in depriving an individual of his or her liberty must be converted into evidence which can be subject to challenge by the accused in a criminal proceeding (ibid., para. 37). 15