63 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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