CSIS In-Bound Intelligence Processing protocols
Document Purpose: Provides questions to consider for use of information that could be derived through mistreatment or torture (how to ensure this is not the case) such as:
- Has the country signed and ratified the Convention against Torture and Other Cruel and Degrading Treatment or Punishment?
- Does the country adhere to principles of customary international law?
- The foreign entity’s record in complying with past assurances
“The Service cannot simply rely upon anecdotal information or personal relationships that may exist between special liaison officers and security officials in foreign countries. The Service must always ask what the motivation is of the person who is providing the information. This is particularly the case when countries have poor human rights records, and may be more interested in maintaining a relationship w/ the Service than actually providing truthful information as to the human rights conditions in that country”
“To establish that information was obtained by the use of torture required more than just pointing to the poor human rights records of a given country” (Justice Blanchard – in relation to Mahjoub’s Security Certificate, June 2010).
The Information Sharing Evaluation Committee renders decision re: whether intelligence should be used or not.International Law Safeguards: International law guards against extreme forms of interrogation. Two broadly ratified international treaties include the prohibition on torture and cruel, inhuman, and degrading treatment and punishment. The ICCPR Article 7 says that “no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.” The Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Torture Convention) includes more detailed prohibitions (Forcese, NSL, 187).