A/HRC/10/3
page 2
Summary
Following the introduction, chapter I of the present report highlights the key activities of
the Special Rapporteur, from 17 December 2007 to 31 December 2008. The main report,
contained in chapter II, highlights several concerns of the Special Rapporteur regarding the role
of intelligence agencies in the fight against terrorism. Section A stresses the need for a specific
and comprehensive legislative framework to regulate the broader powers that have been given to
intelligence agencies in the aftermath of the terrorist attacks of 11 September 2001. The
collection and sharing of “signal” intelligence has led to several violations of the right to privacy
and the principle of non-discrimination, while “human intelligence” - the gathering of
intelligence by means of interpersonal contact - has even led to violations of jus cogens norms
such as the prohibition against torture and other inhuman treatment.
Evidence suggests that the lack of oversight and political and legal accountability has
facilitated illegal activities by intelligence agencies. This issue is addressed throughout the
report, but in section B of chapter II the Special Rapporteur examines in particular the challenges
that the increased cooperation between intelligence agencies pose in this context. He clarifies the
human rights obligations of States when their intelligence agencies perform joint operations,
participate in interrogations and send or receive intelligence for operational use.
When unlawful conduct by intelligence agencies occurs, it may have been condoned or
even secretly directed by government officials. In this context the Special Rapporteur looks into
best practices of different oversight bodies. In section C he emphasizes that domestic State
secrecy or public interest immunity clauses cannot discard their positive obligations under
human rights law to conduct independent investigations into severe human rights violations and
provide the victims of these violations with an effective remedy.
The concluding section makes recommendations to different key actors (intelligence
agencies, domestic legislative assemblies, domestic executive powers and the United Nations) in
order to improve the accountability of intelligence agencies in the fight against terrorism.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents