40 Human Rights in Counter-Terrorism Investigations 1.2.3 The Use of Undercover Agents and Informants In essence, the use of undercover agents and informants under police instructions involves the covert manipulation of a relationship in order to obtain information that may result in interference with the right to private and family life. This technique also demands that very careful attention is paid to the possibility of breaching the right to a fair trial. Moreover, the human rights of undercover agents should be diligently protected, especially considering the difficulty involved in acquiring and maintaining them as sources of information. Undercover operations, whether involving specially trained police officers or any other person acting on the instructions of the police, can be an efficient and effective method of penetrating suspected terrorist organizations that are not susceptible to other methods of investigation. Those who participate in them are often very brave individuals who put their physical safety and even their lives at risk. For that reason, the requirement to protect the right to life and the right not to be tortured or subjected to any other ill-treatment are paramount considerations when undertaking undercover operations. The use of undercover agents and informants needs to be regulated and demands adequate safeguards and mechanisms of control. Adherence to the following guidelines will not only help to safeguard the human rights of everyone involved, but will also substantially enhance the effectiveness of the operation: • The undercover officer must be a volunteer and ought to be psychologically tested in order to ensure that he or she has the appropriate attributes necessary to perform the role and to withstand the enormous pressure that will be put on him or her.49 Psychological assessment of informants will usually not be possible, but this does not absolve the police of paying due regard to the psychological and emotional pressures that may adversely affect them during the course of the operation, and of being alert to any development that may endanger their security and that of the operation; • The undercover officer must receive special training – not only that delivered during a formal training course at a police academy, but also, if possible, “on the job” training, where a novice operative is mentored by 49 It is important that such assessment be culturally neutral, especially for individuals belonging to minority groups.