Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

UN: Compilation Of Good Practices While Countering Terrorism

Posted by Info on 07/06/2010

UN Human Right Council: 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

While the understanding of national security varies among States, it is good practice for national security and its
constituent values to be clearly defined in legislation adopted by parliament….

Practice 2. The mandates of intelligence services are narrowly and precisely defined in a publicly available law. Mandates are strictly limited to protecting legitimate national security interests as outlined in publicly available legislation or national security policies, and identify the threats to national security that intelligence services are tasked to address. If terrorism is included among these threats, it is defined in narrow and precise terms.

Practice 14. States are internationally responsible for the activities of their intelligence services and 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 35. Intelligence services are explicitly prohibited from employing the assistance of foreign intelligence services in any way that results in the circumvention of national legal standards and institutional controls on their own activities. If States request foreign intelligence services to undertake activities on their behalf, they require these services to comply with the same legal standards that would apply if the activities were undertaken by their own intelligence services…..

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