14
Human Rights in Counter-Terrorism Investigations
demonstrate that the respect for human rights is the cornerstone of law
enforcement efforts to counter terrorism. Respect for human rights in counter-terrorism investigation and prosecution is a pre-condition to effectively
preventing terrorism. Failure to respect and protect human rights is one of
the conditions conducive to terrorism; human rights-compliant investigations
are, therefore, key in any effort to counter this security threat.17
Respect for human rights – of terrorism suspects, victims, witnesses and
police officers alike – also ensures that the innocent are not wrongly convicted and that the offenders do not walk free. Respect for human rights principles is, therefore, a practical necessity, essential to effective investigation.
That is what this manual is about.
In recent years, ODIHR and the OSCE Transnational Threats Department
have produced a number of manuals and guidebooks designed to strengthen
democratic policing in OSCE participating States and to protect human
rights while countering terrorism.18 In particular, in 2007 ODIHR published
Countering Terrorism, Protecting Human Rights: A Manual.19 This is a comprehensive, thorough and detailed examination of the international legal and
human rights standards that apply to the fight against terrorism and has
been used successfully as part of training programmes throughout the OSCE
region. It is of value to police officers, prosecutors, judges, lawyers, academics
and civil society organizations.
17
18
19
United Nations General Assembly, Resolution 60/288, “The United Nations Global
Counter-Terrorism Strategy”, 20 September 2006, <http://www.un.org/en/terrorism/strategy-counter-terrorism.shtml> and OSCE Ministerial Council, Ministerial
Statement, “Supporting the United Nations Global Counter-Terrorism Strategy”, Madrid,
30 November 2007, <http://www.osce.org/mc/29544>.
Guidebook on Democratic Policing by the Senior Police Adviser to the OSCE Secretary
General (Vienna: OSCE, 2008), <http://www.osce.org/spmu/23804>; Good Practices
in Building Police-Public Partnerships by the Senior Police Adviser to the OSCE Secretary
General (Vienna: OSCE, 2008), <http://www.osce.org/spmu/32547>; Good Practices in
Basic Police Training – Curricula Aspects (Vienna: OSCE, 2009); <http://polis.osce.org/
library/f/3555/2732/OSCE-AUS-SPM-3555-EN-2732>; Trafficking in Human Beings:
Identification of Potential and Presumed Victims – A Community Policing Approach (Vienna:
OSCE, 2011), <http://www.osce.org/node/78849>; and Guidelines on Human Rights
Education for Law Enforcement Officials (Warsaw: OSCE/ODIHR, 2012), <http://www.osce.
org/odihr/93968?download=true>.
Countering Terrorism, Protecting Human Rights: A Manual, (Warsaw: ODIHR, 2007) <http://
www.osce.org/odihr/29103>.
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