UN A HRC 14/46 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

This report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism is the outcome of a consultation process where Governments, experts and practitioners in various ways provided their input.

The outcome of the process is the identification of 35 elements of good practice. The elements of good practice were distilled from existing and emerging practices in a broad range of States throughout the world. The compilation also draws upon international treaties, resolutions of international organizations and the jurisprudence of regional courts. The substance of the elements of good practice is explained in the commentary.

The 35 areas of good practice included in the compilation can be grouped into four different ‘baskets’, namely legal basis (practices 1-5), oversight and accountability (practices 6-10 and 14-18), substantive human rights compliance (practices 11-13 and 19-20) and issues related to specific functions of intelligence agencies (practices 21-35).

A. Mandate and legal basis
B. Oversight institutions
C. Complaints and effective remedy
D. Impartiality and non-discrimination
E. State responsibility for intelligence services
F. Individual responsibility and accountability
G. Professionalism
H. Human rights safeguards
I. Intelligence collection
J. Management and use of personal data
K. The use of powers of arrest and detention
L. Intelligence-sharing and cooperation


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