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Human Rights in Counter-Terrorism Investigations
Key questions:
• What steps must be taken to ensure the security and integrity of
investigations?
• In what ways are law enforcement agencies accountable for the
manner in which they conduct criminal investigations?
4.1 Security and Integrity of Investigations
Ensuring the integrity of investigations and of intelligence databases is
extremely important in all criminal inquiries, but is especially so in investigations into terrorism. Terrorist groups have been known to attempt to
infiltrate law enforcement organizations, with a view to discovering what
the authorities know about them and to learning of police tactics. Given the
nature of terrorism there is also the serious possibility that existing members
of the police may, for ideological reasons or monetary gain, betray their oath
and divulge confidential information or give warning of impending operations. Moreover, some police officers may be blackmailed using details from
their personal lives. For these reasons it is essential that all staff working on
counter-terrorism operations are security vetted before being given access
to confidential information. An ongoing strategy to maintain security and to
prevent and detect corruption also needs to be put in place.135
The vetting process has to be thorough but, as with all interference with
human rights – in this case, the right to private and family life – it must also
be proportionate. The greater the level of access to confidential information
and, therefore, the greater the damage that a staff member could inflict, the
greater the degree of intrusion into his or her personal life and background.
In many cases, members of the officer’s family may also have to be vetted.
Each law enforcement organization will have its own policies governing the
prevention and detection of internal threats, based on regulations in force
within the jurisdiction. Efficient measures to ensure the integrity and proper
performance of law enforcement staff and combat corruption at all levels
must, however, safeguard human rights.136
135 There is no common international definition of the term “corruption”, but it is used here
in its widest sense to denote activities such as bribery and the fabrication or destruction
of evidence for whatsoever motive.
136 UN Code of Conduct for Law Enforcement Officials, op. cit., note 43, Articles 4 and 7.
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