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

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