32 Human Rights in Counter-Terrorism Investigations 1.2 Development of Intelligence, Pro-active Methods of Investigation and Special Investigation Techniques Both the development of intelligence and pro-active methods of investigation almost invariably involve interference with the right to private and family life, due to the use of special investigation techniques (SITs). The right to a fair trial will also be relevant where a prosecution follows the use of SITs, particularly where the prosecutor seeks to protect the secret and sensitive nature of the techniques through court procedures designed to limit disclosure of the details of their use to the defence and in open court. 42 A series of conditions has to be met before using SITs. These conditions are designed both to safeguard the operational integrity of such techniques, in particular the need for confidentiality surrounding their use, and to ensure the adherence to human rights standards. The main conditions are: • Judicial authorities or other independent bodies should exert adequate control of the use of SITs, either through prior authorization, supervision during the operation or ex-post facto review. The nature and level of control will depend on the degree of intrusiveness involved; • SITs should be used only in serious cases; • SITs should be used proportionally, based on the seriousness of the matter being investigated, and the degree of their intrusiveness should be a major consideration; • Where the objective of the operation can be achieved “with adequate effectiveness” by use of less intrusive means or by non-SITs, this should always be the preferred option; 42 • The procedural rules governing the production and admissibility of evidence obtained by SITs should safeguard the right to a fair trial; and • Those involved in the operational use of SITs should receive adequate training. As with all methods involving interference with qualified human rights, the correct balance must be struck. Each SIT used should bring an expected benefit to the operation or investigation, and any resulting interference with the right to private and family life must be justified, necessary and proportionate in order for it to be lawful. 42 Council of Europe Committee of Ministers, Recommendation Rec(2005)10 on “special investigation techniques” in relation to serious crimes including acts of terrorism, op. cit., note 11, para. 6.