18 Human Rights in Counter-Terrorism Investigations Key questions: • In processing information and gathering intelligence, what is the best way to ensure the protection of the human rights of both the source and the subject? • What are the main characteristics of an effective human rights-compliant intelligence system? • What are the main human rights concerns surrounding the use of special investigation techniques? • In the use of undercover agents, what practical steps need to be taken to ensure that evidence obtained does not prejudice the right to a fair trial? • What tensions affecting human rights may occur between the intelligence-gathering and investigative phases? Any piece of information that is evaluated, collated with other information about the same subject and analysed becomes intelligence that may be sufficiently concrete and important to justify an operation, either against known individuals or focussing on a specific location or event. Since intelligence is usually incomplete, an operation aims at either confirming or denying the arising assumptions and suspicions. It may also involve the gathering of evidence with a view to mounting a prosecution. Operations often entail the physical and technical surveillance of individuals and the recording of their actions or communications, and of personal information about them and the people with whom they associate and come into contact. Undercover agents may also be used to infiltrate groups of terrorism suspects and, sometimes, convicted terrorists may be “turned” and persuaded to inform on their acquaintances. The receipt, processing, storage and use of this information and intelligence – which is a specialist task demanding that those involved are appropriately trained – is related to a number of important human rights concerns, largely surrounding the respect for private and family life, but also encompassing the use of information obtained by torture and ill-treatment and the right to life. Law enforcement powers related to intelligence-gathering are limited and interference with human rights is far less permissible because no crime has been committed yet. Detailed accounts of the relevant law and standards can be found in Chapters 8–17 of the Countering Terrorism, Protecting Human Rights manual.