124 Human Rights in Counter-Terrorism Investigations 4.2 Accountability The accountability of law enforcement agencies is a crucial aspect of ensuring that criminal investigations are human rights-compliant. The requirement of justifying decisions and actions to an external, independent body makes law enforcement agencies give more careful consideration to what they are doing and makes them more effective in their work. It is understood that much that these agencies do, especially in terrorism-related investigations, is sensitive and must remain confidential. However, as far as possible, law enforcement agencies should be transparent in order to minimize public misconceptions. Accountability takes several forms and is not the same as operational control. In democratic societies, law enforcement agencies should not be subject to external direction in operational matters, and should have operational autonomy. In some jurisdictions, criminal investigations are subject to the direction of the prosecutor or other judicial authority. Accountability is important, as law enforcement agencies possess great authority and power to intrude into the lives of individuals. They have the power to deprive people of their liberty. They do this on behalf of the public and are paid by the public. Therefore, they are accountable to the public for what they do and how they do it. They are also accountable to the executive, legislature and judiciary branches of government. The parliament exercises control by passing laws that regulate the police and their powers, but also by instituting mechanisms, such as commissions or ombudsperson institutions, that may initiate investigations ex officio or following complaints by the public. The government at the central, regional or local level, as the case may be, exerts control through the power of the purse. The government, moreover, establishes general priorities and detailed regulations for law enforcement actions, though operational independence remains the prerogative of law enforcement agencies. Finally, the courts serve a control function through civil and criminal proceedings initiated by other state bodies and the public.137 In counter-terrorism matters, the most important element of this form of accountability is that to the judiciary both at the national and international levels. An essential element of accountability is the keeping of proper records, especially for subsequent legal proceedings that may take place a long time after 137 General guidance is drawn from Council of Europe Recommendation Rec(2001)10, op. cit., note 108, para. 60.