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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