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49. Intelligence cooperation is often practised in the context of multilateral organizations such
as NATO or the Shanghai Cooperation Organisation. The Special Rapporteur is concerned that
the secrecy and security of information policies that are adopted by States within these
multilateral frameworks provide an insurmountable wall against independent investigations into
human rights violations. For instance, the report of the Committee on Legal Affairs and Human
Rights of the Council of Europe Parliamentary Assembly (rapporteur Dick Marty) gives credible
information that bilateral (secret) agreements that allowed for blanket overflight rights, access to
ports and military bases for covert Central Intelligence Agency (CIA) operations, including
secret detentions and renditions, were developed around “permissive” NATO authorizations
agreed on 4 October 2001.54 In the Shanghai Cooperation Organisation cooperation between
secret services is exercised without any oversight. A service merely requests “assistance”55 from
another service upon which the receiving State “shall take all necessary measures to ensure a
prompt and most complete execution of the request”.56 According to article 11.4 of the Shanghai
Convention on Combating Terrorism, Separatism and Extremism, any information on the means
used by agencies in order to provide assistance to another agency “shall not be subject to
disclosure”.
50. To counter the lack of accountability in intelligence cooperation, cooperation between
national oversight bodies should be enhanced. Existing initiatives in this field, such as the
biannual International Intelligence Review Agencies Conference or the ad hoc meetings of
parliamentary intelligence oversight committees of EU member and candidate countries, are a
first step in the right direction but happen too infrequently and are currently limited to a too
small group of States. The Special Rapporteur supports the idea, developed by Belgian Standing
Committee I, of setting up a permanent knowledge-sharing platform for (parliamentary) review
bodies of intelligence services, where best practices on legislation, jurisprudence and general
developments in the field can be shared, thereby supporting the professionalization of the review
bodies of Member States.57 Such a platform might even be extended to operational matters,
whereby the collaboration on inquiries and the exchange of information could lead into a form of
“joint oversight”.58
54
Secret detentions and illegal transfers of detainees involving Council of Europe member
States: second report, explanatory memorandum, Committee on Legal Affairs and Human
Rights, Council of Europe Parliamentary Assembly, June 2007, paras. 11, 39 and 105.
55
The State just has to describe “the contents” of the required assistance (Shanghai Convention
on Combating Terrorism, Separatism and Extremism, art. 8, para. 3). This can include
interrogating, detaining and extraditing persons.
56
Ibid., art. 9.
57
A further model for such cooperation can be found in the periodic meetings of police
oversight bodies in European States.
58
H. Born, “International intelligence cooperation: the need for networking accountability”,
DCAF, 2007.
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