A/HRC/14/46
an ombudsman, human rights commissioner or national human rights institution.
Individuals affected by the illegal actions of an intelligence service have recourse to an
institution that can provide an effective remedy, including full reparation for the harm
suffered.
Practice 10. The institutions responsible for addressing complaints and claims for effective
remedy arising from the activities of intelligence services are independent of the
intelligence services and the political executive. Such institutions have full and unhindered
access to all relevant information, the necessary resources and expertise to conduct
investigations, and the capacity to issue binding orders.
Practice 11. Intelligence services carry out their work in a manner that contributes to the
promotion and protection of the human rights and fundamental freedoms of all individuals
under the jurisdiction of the State. Intelligence services do not discriminate against
individuals or groups on the grounds of their sex, race, colour, language, religion, political
or other opinion, national or social origin, or other status.
Practice 12. National law prohibits intelligence services from engaging in any political
activities or from acting to promote or protect the interests of any particular political,
religious, linguistic, ethnic, social or economic group.
Practice 13. Intelligence services are prohibited from using their powers to target lawful
political activity or other lawful manifestations of the rights to freedom of association,
peaceful assembly and expression.
Practice 14. States are internationally responsible for the activities of their intelligence
services and their agents, and any private contractors they engage, regardless of where these
activities take place and who the victim of internationally wrongful conduct is. Therefore,
the executive power takes measures to ensure and exercise overall control of and
responsibility for their intelligence services.
Practice 15. Constitutional, statutory and international criminal law applies to members of
intelligence services as much as it does to any other public official. Any exceptions
allowing intelligence officials to take actions that would normally violate national law are
strictly limited and clearly prescribed by law. These exceptions never allow the violation of
peremptory norms of international law or of the human rights obligations of the State.
Practice 16. National laws provide for criminal, civil or other sanctions against any
member, or individual acting on behalf of an intelligence service, who violates or orders an
action that would violate national law or international human rights law. These laws also
establish procedures to hold individuals to account for such violations.
Practice 17. Members of intelligence services are legally obliged to refuse superior orders
that would violate national law or international human rights law. Appropriate protection is
provided to members of intelligence services who refuse orders in such situations.
Practice 18. There are internal procedures in place for members of intelligence services to
report wrongdoing. These are complemented by an independent body that has a mandate
and access to the necessary information to fully investigate and take action to address
wrongdoing when internal procedures have proved inadequate. Members of intelligence
services who, acting in good faith, report wrongdoing are legally protected from any form
of reprisal. These protections extend to disclosures made to the media or the public at large
if they are made as a last resort and pertain to matters of significant public concern.
Practice 19. Intelligence services and their oversight institutions take steps to foster an
institutional culture of professionalism based on respect for the rule of law and human
rights. In particular, intelligence services are responsible for training their members on
relevant provisions of national and international law, including international human rights
law.
GE.10-13410
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents