• the reviewing court or tribunal must be able to give a binding decision that will be followed by the relevant administrative body;
• good and efficient administration needs to be flexible; however, this notion of flexibility
must not undermine principles of fairness.
Civilian oversight
Civilian oversight of the police and security forces in the context of counter-terrorism
will ensure greater transparency of counter-terrorism policies and enhance public trust in
the efficacy of those strategies. Civilian oversight promotes transparent and accountable
government.
The OSCE participating States have recognized civilian control of the military and police as
“[…] among those elements of justice which are essential to the full expression of the inherent
dignity and of the equal and inalienable rights of all human beings […].” 41 As a consequence
of this, they have agreed that participating States will:
[…] 25.1 - ensure that their military and paramilitary forces, internal security and intelligence
services, and the police are subject to the effective direction and control of the appropriate
civil authorities;
25.2 - maintain and, where necessary, strengthen executive control over the use of military
and paramilitary forces as well as the activities of the internal security and intelligence services and the police;
25.3 - take appropriate steps to create, wherever they do not already exist, and maintain effective arrangements for legislative supervision of all such forces, services and activities.42
41 Ibid., para. 5.
42 Op. cit., note 5, 1991 Moscow Document.
Countering Terrorism, Protecting Human Rights
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