A/HRC/14/46 I. Introduction* 1. The present compilation of good practice on legal and institutional frameworks for intelligence services and their oversight is the outcome of a consultation process mandated by the Human Rights Council, which, in its resolution 10/15, called upon the Special Rapporteur to prepare, working in consultation with States and other relevant stakeholders, 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. 2. Intelligence services1 play a critical role in protecting the State and its population against threats to national security, including terrorism. They help to enable States to fulfil their positive obligation to safeguard the human rights of all individuals under their jurisdiction. Hence, effective performance and the protection of human rights can be mutually complementary goals for intelligence services. 3. The compilation is distilled from existing and emerging practice from a broad range of States throughout the world. These practices are primarily derived from national laws, institutional models, as well as the jurisprudence and recommendations of national oversight institutions and a number of civil society organizations. The compilation also draws upon international treaties, resolutions of international organizations and the jurisprudence of regional courts. In this context, the notion of “good practice” refers to legal and institutional frameworks which serve to promote human rights and the respect for the rule of law in the work of intelligence services. “Good practice” not only refers to what is required by international law, including human rights law, but goes beyond these legally binding obligations. 4. Very few States have included all of the practices outlined below in their legal and institutional frameworks for intelligence services and their oversight. Some States will be able to identify themselves as following the majority of the 35 elements of good practice. Other States may start by committing themselves to a small number of these elements which they consider as essential to promoting human rights compliance by intelligence services and their oversight bodies. 5. It is not the purpose of this compilation to promulgate a set of normative standards that should apply at all times and in all parts of the world. Hence, the elements of good practice presented in this report are formulated in descriptive, rather than normative, language. It is nevertheless possible to identify common practices that contribute to the respect for the rule of law and human rights by intelligence services. 6. The Human Rights Council mandated the present compilation of good practices within the context of the role of intelligence services in counter-terrorism. However, it should be noted that the legal and institutional frameworks which apply to intelligence services’ counter-terrorism activities cannot be separated from those which apply to their * The Special Rapporteur would like to acknowledge the contribution of Hans Born and Aidan Wills of 1 4 the Geneva Centre for the Democratic Control of Armed Forces for conducting a background study and assisting in the preparation of this compilation. Furthermore, the Special Rapporteur is grateful to Governments, as well as members of intelligence oversight institutions, (former) intelligence officials, intelligence and human rights experts as well as members of civil society organizations for their participation in the consultation process which led to this compilation. For the purposes of the present study, the term ‘intelligence services’ refers to all state institutions that undertake intelligence activities pertaining to national security. Within this context, this compilation of good practice applies to all internal, external, and military intelligence services. GE.10-13410