A/HRC/10/3 page 19 recognize such practices as lawful, including by relying on intelligence information obtained through torture.61 States must introduce safeguards preventing intelligence agencies from making use of such intelligence. 62 2. Participation in interrogations 54. The Special Rapporteur is concerned about the participation of foreign agents in the interrogation of persons held in situations that violate international human rights standards. The difference that some Governments make between intelligence and law enforcement personnel is of limited relevance, as the active participation through the sending of interrogators63 or questions,64 or even the mere presence of intelligence personnel at an interview with a person who is being held in places where his rights are violated,65 can be reasonably understood as implicitly condoning such practices.66 The continuous engagement and presence of foreign 61 General Assembly resolution 56/83, annex, International Law Commission draft articles on responsibility of States for internationally wrongful acts, arts. 40-41. 62 As Justice Neuberger states: “(…) even by adopting the fruits of torture, a democratic State is weakening its case against terrorists, by adopting their methods, thereby losing the moral high ground an open democratic society enjoys”. Lord Justice Neuberger (dissenting) in A and Ors v. Secretary of State for the Home Department, [2004] EWCA Civ 1123 (11 August 2004), para. 497. 63 Evidence proves that Australian, British and United States intelligence personnel have themselves interviewed detainees who were held incommunicado by the Pakistani ISI in so-called safe houses, where they were being tortured. Many countries (Bahrain, Canada, China, France, Germany, Italy, Jordan, Libya, Morocco, Pakistan, Saudi Arabia, Spain, Tajikistan, Tunisia, Turkey, United Kingdom, Uzbekistan) have sent interrogators to Guantanamo Bay as well (see Center for Constitutional Rights, “Foreign interrogators in Guantanamo Bay”, available at http://ccrjustice.org/files/Foreign%20Interrogators%20in%20Guantanamo%20Bay_1.pdf). 64 German and Canadian intelligence agencies provided questions to Syrian Military Intelligence in the cases of Muhammad Zammar and Abdullah Almalki. Both detainees were tortured afterwards while in Syrian custody. See Amnesty International, United States of America: Below the radar - Secret flights to torture and “disappearance”, 5 April 2006, pp. 18-19; Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmed Abou-Elmaati and Muayyed Nureddin, 2008, p. 411. 65 United Kingdom intelligence personnel for instance conducted or witnessed just over 2,000 interviews in Afghanistan, Guantanamo Bay and Iraq. See Intelligence and Security Committee, The Handling of Detainees by UK Intelligence Personnel in Afghanistan, Guantanamo Bay and Iraq, 2005, para. 110. 66 See footnote 61 above.