54 Human Rights in Counter-Terrorism Investigations Key questions: • What human rights apply specifically to witnesses? • What steps can be taken to ensure that witnesses’ and victims’ rights are protected? • What is the primary duty of the police at crime scenes, and to whom is it owed? • What human rights apply when searching crime scenes and when seizing and retaining evidence? • What are the responsibilities of senior officers when planning the search of scenes of terrorism-related crimes? 2.1 Witnesses and Victims When discussing human rights in the context of criminal investigations, the focus is usually put on the rights of suspects. However, other participants in the judicial process also have human rights, and witnesses and victims are no exception. Witnesses are an essential element of the criminal justice system of every country and if their human rights are not respected, the administration of justice will be severely damaged. Treating witnesses with consideration, respect and in a gender sensitive and non-discriminatory manner not only ensures compliance with human rights standards, but also contributes to people being willing to help the police by coming forward to provide information. The way in which they are treated can have a significant impact on how they co-operate with the investigation and on any subsequent prosecution. The rights of victims of terrorism should not be overlooked during either the investigative or criminal trial phases. The police are often the first point of contact with victims in the aftermath of a terrorist-related act and, therefore, have a role to play in providing them with prompt aid and directing them to relevant assistance. Informing victims of their rights to seek redress and providing them with regular updates on the progress of the investigation and prosecution is essential, regardless of whether they are giving evidence. Measures to protect their privacy and safety should be taken, as necessary. If victims do wish to testify as witnesses, they should be properly informed about this role, allowed to express their views at the appropriate stages, and provided with the rights and protection described in this section of the manual. The manual will focus on the protection of witnesses’ rights with the understanding that victims may also be witnesses. The two main areas to consider