8
Human Rights in Counter-Terrorism Investigations
Incommunicado detention: deprivation of a person’s liberty by state authorities acting in their official capacity, or persons acting under the orders thereof,
with the authorization, consent, support or acquiescence of the state, or in any
other situation where the action or omission of the detaining person is attributable to the state, where the person is not permitted any contact with the outside world such as family, friends, independent lawyers and doctors.6
Informant: any person who voluntarily provides information to the authorities. They can be former criminals or suspected to be part of or otherwise
associated with a terrorist group, as well as members of the public. Informants
do not provide evidence but sporadic information to the authorities.
Informant/Undercover agent’s handler: a law enforcement officer who is
the point of contact for an informant or undercover agent. They should be carefully selected and trained to provide advice, support or assistance at very short
notice. The means of contact and the level of support provided depend on the
circumstances, and may go as far as intervening to extract the informant or
undercover agent from danger, if required.
Intelligence: raw information that is gathered, processed, interpreted and
protected by law enforcement agencies to decide upon and support criminal
investigations.7
Preventive detention: detention of an individual considered to pose
a national security threat before an offence has been committed and in the
absence of reasonable suspicion that he or she is about to commit such an
offence.
6
7
United Nations Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, Martin Scheinin, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,
Manfred Nowak, Vice-Chair of the Working Group on arbitrary detention, Shaheen
Sardar Ali, and Chair of the Working Group on enforced or involuntary disappearances,
Jeremy Sarkin, “Joint Study on global practices in relation to secret detention in the
context of countering terrorism”, 20 May 2010, A/HRC/13/42, p. 11, <http://www.un.org/
Docs/journal/asp/ws.asp?m=A/HRC/13/42>.
Criminal Intelligence: Manual for Front-line Law Enforcement (Vienna: United Nations, 2010),
p.9, <https://www.unodc.org/documents/organized-crime/Law-Enforcement/Criminal_
Intelligence_for_Front_Line_Law_Enforcement.pdf>.