2.1 draw up a recommendation on
the notion of state secrecy and the use to be made of it, specifying that
the legislation of a member state cannot rely on state secrecy and
national security in a way which would prevent an independent, effective
and impartial investigation of alleged human rights violations, prevent
perpetrators from being held accountable, prevent victims from having
an effective remedy and from receiving an effective reparation,
or prevent public disclosure of the truth about the alleged human rights
violations;
2.2 invite all member states to review or, if necessary, set
up suitable and effective parliamentary and other independent mechanisms
for the oversight of the secret services and to ensure that they
have the requisite power, resources and expertise to initiate and
conduct their own investigations, as well as full and unhindered
access to the information, officials and installations necessary
to fulfil their mandates. Member states should ensure that these
oversight mechanisms receive the full co-operation of intelligence
services and law enforcement authorities in hearing witnesses, as
well as in obtaining documentation and other evidence;
2.3 invite all member states to review or, as appropriate,
set up special procedures in the criminal and civil courts to permit
proper conduct of proceedings involving the handling of information
of a sensitive nature covered by secrecy, taking into account the
state’s legitimate interests and its security.
