A/HRC/14/46 detention, is not permissible under international human rights law.144 If national law permits intelligence services to apprehend and detain individuals, it is good practice for the exercise of these powers to be subject to the same degree of oversight applying to the use of these powers by law enforcement authorities.145 Most importantly, international human rights law requires that individuals have the right to challenge the lawfulness of their detention before a court.146 Practice 29. If intelligence services possess powers of arrest and detention, they comply with international human rights standards on the rights to liberty and fair trial, as well as the prohibition of torture and inhuman and degrading treatment. When exercising these powers, intelligence services comply with international standards set out in, inter alia, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. 43. If intelligence services are given powers of arrest and detention, they are required to comply with international standards applying to the deprivation of liberty (see also practice 28 above).147 These standards are further elaborated in several international and regional codes of conduct of law enforcement officials codifying a range of good practices that can be applied to intelligence services with powers of arrest and detention.148 In addition to the legal obligation (pertaining to the judicial review of detention) outlined in practice 28 above, there are three additional sets of standards that apply the use of powers of arrest and detention by intelligence services. First, intelligence services are bound by the absolute prohibition on the use of torture and inhuman and degrading treatment.149 Second, any use of force during arrest and detention must comply with international standards, including the requirements that any use of force be strictly necessary, proportionate to the perceived danger and properly reported.150 Third, it is good practice for intelligence services to comply with the following international standards on the apprehension and detention of individuals: that all arrests, detentions and interrogations are recorded from the moment of apprehension;151 that officers making an arrest identify themselves to the individual concerned and inform them of the reasons and legal basis for their 144 145 146 147 148 149 150 151 GE.10-13410 Venice Commission (1998), sect. E. Cyprus, Reply; Norway (footnote 140), sects. 183–185; Bulgaria (footnote 15), art. 125(5); Mexico, reply. International Covenant on Civil and Political Rights, art. 9(4); OSCE-ODIHR, Countering Terrorism, Protecting Human Rights, pp. 158–160; Arab Charter on Human Rights, art. 8; American Convention on Human Rights, art. 7(6); Council of Europe (footnote 4), arts. VII (3) and VIII; General Assembly resolution A/RES/43/173, annex, principle 4. Venice Commission (1998), sect. E. See Code of Conduct for Law Enforcement Officials in General Assembly resolution 34/169; Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; General Assembly resolution 43/173, annex. See also Committee of Ministers of the Council of Europe, European Code of Police Ethics, recommendation (2001)10 (hereafter, European Code of Police Ethics). Convention against Torture, art. 1; African Charter on Human and People’s Rights, art. 5; Code of Conduct for Law Enforcement Officials, art. 5; European Code of Police Ethics, arts. 35 and 36; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 6. Code of Conduct for Law Enforcement Officials, art. 3; European Code of Police Ethics, art. 37; Council of Europe (footnote 4), art. VI (2); Morocco, IER Report, vol. 1, chap. IV, 8–6. Bulgaria (footnote 15), art. 125 (8); OSCE Guidebook on Democratic Policing, 2008, arts 55–64; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, principle 12. 25