REVIEW COMMITTEE ON THE INTELLIGENCE AND SECURITY SERVICES (CTIVD) & FACULTY OF LAW RADBOUD UNIVERSITY, NIJMEGEN

ACCOUNTABILITY OF INTELLIGENCE AND SECURITY AGENCIES AND HUMAN RIGHTS

International symposium 7 and 8 June 2007 The Contents

1. Preface 5 2. Opening 7 Chair of the Dutch Review Committee on the Intelligence and Security Services, Mrs. Irene Michiels van Kessenich-Hoogendam 3. Speech by the Dutch Prime Minister, Mr. Jan Peter Balkenende 11 4. To what extent may in a constitutional democracy the rule of law be limited in 17 order to protect her against terrorism? Mr. Herman Tjeenk Willink, Vice-president of the Council of State of the Netherlands 5. Accountability of the Intelligence and Security Agencies and Human Rights. 27 Mr. Franco Frattini, EU Commissioner for Justice, Freedom and Security

Panel 1 33 Different forms of oversight of intelligence and security services in various countries. How can human rights be best guaranteed? 6. The Canadian model of security intelligence review 35 Mr. Gary Filmon, Chair of the Canadian Security Intelligence Review Committee (SIRC) 7. How can human rights best be guaranteed? 43 Professor Egbert Myjer, judge at the European Court of Human Rights, Professor of Human Rights, 'Vrije Universiteit' in 8. Different forms of oversight in various countries 49 Professor Iain Cameron, Uppsala University Sweden

Panel 2 59 Oversight in practice, in particular the role of parliament in this context, viewed from both a national and international perspective. 9. Parliamentary Intelligence Oversight in practice; The qualities and roles of 61 members and the chairperson of the Committee Dr. Siyabonga Cwele, Chair Joint Standing Committee on Intelligence of South Africa 10. Oversight in practice, from the perspective of an Inspector General 67 Mr. John Helgerson, Inspector General Central Intelligence Agency, USA 11. Independent Review of Intelligence and Security Services: a view from the 73 Dutch Intelligence and Security Service (AIVD) Mr. Sybrand van Hulst, Director-General of the AIVD 12. Oversight in Practice,The Parliamentary Contribution to Protecting Human 79 Rights Through Intelligence Accountability Professor Ian Leigh, Co-director of the Human Rights Centre of Durham University, U.K.

13. Diner speech: Accountability at the level of the European Union 89 Mr. Gijs de Vries, former European Union Counter-terrorism coördinator, Senior Fellow at the Netherlands Institute of International Relations 'Clingendael'

Panel 3 99 Relationship between intelligence and security activities carried out at central and decentralised level and the corresponding oversight. Relationship between intelligence and security responsibilities carried out by the police and intelligence and security services. 14. Radicalisation and polarisation 101 Mr. , Mayor of The Hague 15. Relationship between intelligence and security responsibilities carried out by 107 the police and the intelligence and security services in counter terrorism investigations. Mr.Alan Mitchell, Head of Intelligence at the Counter Terrorism Command, New Scotland Yard 16. Exercising supervision over intelligence services in a historical and 115 comparative perspective Professor Cyrille Fijnaut, Law Faculty, Tilburg University, The Netherlands

Panel 4 133 The relationship between the media, oversight and the intelligence and security services. 17. Living apart together 135 Mr.Arthur W.H. Docters van Leeuwen, former head of the Dutch national Security Service 18. The role of the media in holding the intelligence community accountable for 139 their actions Mr. Matthias Gebauer, journalist for Der Spiegel 19. Spies and journalists 147 Professor Loch K. Johnson, University of Georgia, USA

Conclusions 153 20. Conclusions, Accountability for Human Rights in the World of Intelligence 155 Professor Ybo Buruma, Law Faculty of The Radboud University, Nijmegen, The Netherlands