Contents Acknowledgements v Introduction 1 Executive Summary 3 Context: Upholding Fundamental Principles in the fight against Terrorism 5 National practices 9 What is the problem? 17 How should we respond to the moral dilemma? 19 Does it violate international law? 21 Existing national standards from the perspective of International Law 29 International principles for executive agencies 35 Conclusion 43 Annex. Former Special Rapporteur Martin Scheinin’s compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies 45 iii

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