A/HRC/14/46 United Nations General Assembly Distr.: General 17 May 2010 Original: English Human Rights Council Fourteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin* Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight** Summary The present document is a compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight, as requested by the Human Rights Council and prepared by the Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism. The compilation is the outcome of a consultation process where Governments, experts and practitioners in various ways provided their input. In particular, written submissions received from Governments by a deadline of 1 May 2010 have been taken into account. The submissions will be reproduced in the form of an addendum (A/HRC/14/46/Add.1). The outcome of the process is the identification of 35 elements of good practice. The elements of good practice were distilled from existing and emerging practices in a broad range of States throughout the world. The compilation also draws upon international treaties, resolutions of international organizations and the jurisprudence of regional courts. The substance of the elements of good practice is explained in the commentary, usually presented separately for each of the 35 elements. The sources of good practice are * Late submission. ** Given that the report greatly exceeds the page limitations currently imposed by the relevant General Assembly resolutions, the annex to the report and the footnotes are reproduced as received, in the language of submission only. GE.10-13410 (E) 010610

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