“No Questions Asked”

Intelligence Cooperation with Countries that Torture

Executive Summary

Background

International Law on Torture

The obligation to prevent and punish torture

Torture material as evidence

Torture material as intelligence

Torture and Counterterrorism Policy

“Ticking bomb” scenario

“No questions asked”

United Kingdom..

Intelligence Cooperation

Guidelines

Use of Torture Material as Intelligence

Torture Evidence and the Burden of Proof

Oversight and Accountability

Germany

Intelligence Cooperation

Guidelines

Use of Torture Material as Intelligence

Use of Torture Material as Evidence

Burden of proof

Oversight and Accountability

France

Intelligence Cooperation

Guidelines

Use of Torture Material by the Judiciary

Use of the fruit of the poisoned tree

Use of torture evidence at trial against the victims of the abuse

Use of torture evidence at trial against third persons

Judicial cooperation with countries that torture

Oversight and Accountability

Detailed Recommendations

Acknowledgements