122 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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