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Part 2
have a significant impact on commerce. The situation is aggravated if people
have to be evacuated from their homes.
While the search for evidence must always assume the highest priority after
ensuring the safety of the public and police officers, those responsible for it
must be conscious of the legitimate concerns of people who may be adversely
affected by lack of access to their businesses or homes. One of the main goals of
all terrorists is, after all, to disrupt the daily routine of as many people as possible, and one responsibility of the authorities is to minimize the effect of their
criminal acts. Therefore, police operations at the scene must be both thorough
and carefully planned so as to be completed in the least time possible.
Police should be aware that both the positioning of a security cordon and the
search for evidence may negatively interfere with the right to private and
family life, or the right to enjoy one’s property or the freedom of movement,
for instance. Such interference may be legitimate if carried out in accordance
with the law and if proportionate and necessary in the interest of national
security, public safety or the prevention of disorder or crime.
2.2.2 Seizure and Retention of Evidence
The searching of crime scenes will inevitably result in the seizure and retention of items to be forensically examined or to be otherwise produced in court
as evidence.
Items such as pieces of paper, personal documents, phones, agendas or computers may also be seized and retained for use as evidence during searches of
cars, homes and any other premises controlled by terrorism suspects during
the execution of search warrants.
The human rights standards governing these
types of search and seizure are the same:
• Right to a fair trial;
• Respect for private and family life; and
• Property rights64
The essential elements of these
have already been discussed in
previous sections of this manual,
and a more detailed account can
be found in Chapters 12 and 13 of
Countering Terrorism, Protecting
Human Rights: A Manual.
64
OSCE commitments and international standards, op. cit., notes 24, 25, 63.
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