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Human Rights in Counter-Terrorism Investigations
Human rights concerns are intensified where the surveillance is intrusive, i.e.,
taking place on private premises, especially in someone’s home or in a private vehicle, because there is a reasonable expectation of maximum privacy
in such locations. By its very nature, intrusive surveillance often involves
forcible entry into, or some other interference with, private property that in
normal circumstances would be unlawful. It is essential, therefore, that scrupulous procedures are followed throughout the authorization process and in
the course of the operation itself. Such procedures ensure the protection of
law enforcement personnel from any subsequent prosecution or other legal or
disciplinary proceedings for breaching privacy rules. They also ensure that
the information will be admissible as evidence before the courts.
Overt surveillance, such as monitoring and following an individual or using
means such as car-video systems, body-worn devices or closed circuit television (CCTV) systems in public places, also gives rise to human rights concerns, in particular the right to private and family life. Such surveillance has
to be regulated by domestic legislation, with due regard to the principles of
justification, necessity and proportionality and to international human rights
standards. It is essential to assess the degrees of intrusiveness involved
and, therefore, the varying needs for procedural safeguards and appropriate
authorization and supervision before and during each stage of a surveillance
operation.
Case Study – A surveillance operation
A registered informant points out to his handler that X and Y have repeatedly
visited café´s and bars where they have spoken out against the government’s
politics and talked about some “drastic actions” being necessary. The informant
is then tasked to secretly obtain more information.
A short time later, a community beat officer is contacted by a member of the
community who complains about late night visits at the apartment of X, “who
is a known radical”, where suspiciously heavy material is shuffled in and around
under a cover of darkness. The community beat officer identifies X and, during
the following days, gathers more information by discreetly asking neighbors.
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