42
Human Rights in Counter-Terrorism Investigations
• The safety and security of agents is a continuing responsibility of all
concerned in managing and authorizing this method. It extends beyond
the operation itself, into the trial (where issues of anonymity may arise),
and far into the future in order to prevent any harm befalling them.
The conduct of undercover agents, such as when acting as agents provocateurs or entrapping suspects into committing crimes, may compromise the
integrity of the evidence, thus leading to its inadmissibility in court. This
also applies to undercover operations conducted online, for instance through
the infiltration of specific forums believed to promote violent and radical ideologies. It is important to keep in mind that procedural rules governing the
production and admissibility of evidence gained from the use of SITs must
safeguard the right to a fair trial of the accused.50
50
United Nations Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, Martin Scheinin, Report to the
UN Human Rights Council, 17 May 2010, Op. cit. note 40, para 7.
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