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Part 2
The impact on the witness and their family must also be assessed, as they
may not have the ability to adjust and cope with such a major change in
circumstances.
2.2 Crime Scenes and the Seizure and Retention
of Evidence
2.2.1 Crime Scene Examination 60616263
A central element of the investigation of any terrorist crime will be the examination of the crime scene, be this the site of an explosion or shooting, a bomb
factory, or some other location. This stage of investigation might be thought
not to give rise to any human rights implications. More careful consideration,
however, will reveal that a number of human rights standards come into play.
Human rights standards involved in crime scene examination include:
• Right to life;
• Prohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
• Respect for private and family life;60
• Right to the enjoyment of just and favourable conditions
of work;61
• Freedom of movement;62 and
• Property rights.63
60
61
62
63
OSCE commitments and international standards, op. cit., notes 20, 21, 25.
OSCE Madrid Document, op. cit., note 26; OSCE Conference on Security and Co-operation
in Europe, Bonn Document, Bonn, 11 April 1990, <http://www.osce.org/eea/14081>;
International Covenant on Economic, Social and Cultural Rights (ICSECR), Article 7;
CFREU, Article 31; and ADRDM, Article 14.
OSCE Conference on Security and Co-operation in Europe, Final Act, “Co-operation in
Humanitarian and Other Fields”, Helsinki, 1975, <http://www.osce.org/mc/39501?
download=true>; OSCE Vienna, Copenhagen and Moscow Documents, op. cit. note 21;
OSCE Ministerial Council, “Border Security and Management Concept: Framework for
Co-operation by the OSCE Participating States”, Ljubljana, 6 December 2005, <http://
www.osce.org/mc/17452>; ICCPR, Article 12; Protocol No. 4 to the ECHR, Article 2;
CFREU, Article 45; and ADRDM, Article 8.
OSCE Bonn Document, op. cit., note 61; OSCE Copenhagen Document, op. cit., note 21; OSCE
Paris Document, op. Cit., note 19; Universal Declaration of Human Rights (UDHR), Article 17;
Protocol No. 1 to the ECHR, Article 1; CFREU, Article 17; and ADRDM, Article 23.
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