46 Human Rights in Counter-Terrorism Investigations Within the European Union (EU) and the Council of Europe, specific instruments regulate access to this kind of information. These include the EU Charter of Fundamental Rights (CFREU)53 and the 1995 EU data protection directive and, within the Council of Europe, the 1981 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and a number of recommendations by the Committee of Ministers. Most OSCE participating States also have their own domestic legislation governing the matter. The subject is explored further in the Countering Terrorism, Protecting Human Rights manual, on pages 207–209. 1.3 The use of Intelligence Material in investigation and legal proceedings On the basis of available information, a decision is taken whether to start an investigation. This decision must be based on reasonable suspicion that a terrorism-related offence, as defined in domestic law, has been committed. The start of an investigation, however, should not presuppose that the person suspected of having committed the offence is guilty. The suspect must be presumed innocent until his or her guilt has been proven by a court. 53 The decision to start an investigation can sometimes create tension between those responsible for information-gathering and development and those responsible for criminal investigation. This has become more pronounced since the terrorist attacks of September 2001.54 This tension reflects the fundamental differences in purpose between the two disciplines – one is essentially preventive and largely carried on in secret, and the other is largely reactive and open to public scrutiny in the courts. 53 54 CFREU, Article 8. For a comprehensive discussion of the relationship between intelligence gathering and evidence gathering, see Kent Roach, “The Eroding Distinction Between Intelligence and Evidence in Terrorism Investigations”, in Nicola McGarrity, Andrew Lynch & George Williams (eds.), Counter Terrorism and Beyond, (Abingdon: Routledge, 2010), pp. 48–68, <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1884999>.