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Human Rights in Counter-Terrorism Investigations
Key questions:
• What are the key elements of ensuring that a decision to arrest and/
or detain a suspect is human rights-compliant?
• What are the key questions law enforcement officials should ask
themselves before using force during an arrest?
• What are the responsibilities of senior officers when directing
operations in which force may be used?
• What are the main safeguards for suspects in detention, and what is
their rationale?
• What is the purpose of interviewing a suspect?
• What are the legal obligations and moral and practical considerations
surrounding the prohibition of torture and ill-treatment of suspects?
The ultimate responsibility for deciding whether and when to arrest a terrorism suspect must lie with those responsible for conducting the criminal
investigation. Delaying for too long can be counterproductive, in that opportunities to maximize the gathering of evidence to support a criminal charge
are lost or the terrorism suspects may be able to complete their planning and
operationalize their plot. In the latter case, investigators may be held accountable if it can be proved that they have been negligent. 67
The arrest, detention and processing of terrorism suspects gives rise to a number of important
human rights concerns, and those responsible for
conducting criminal investigations need to familiarize themselves with the principles surrounding:
• Right to life;
• Prohibition of torture and other cruel, inhuman
or degrading treatment or punishment;
• Freedom from arbitrary arrest or detention;
and
• Right to a fair trial.67
67
Detailed accounts of
the relevant law and
standards can be found
in Chapters 9–12 of the
Countering Terrorism,
Protecting Human Rights
manual.
OSCE commitments and international standards, op. cit., notes 20, 21, 23 and 24.
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