The right to be present An adversarial hearing Effective participation in the hearing Public hearing Reasons for decisions 179 180 180 181 181 Specific guarantees in relation to criminal trials The presumption of innocence The right to silence Freedom from self-incrimination Specific procedural safeguards in relation to criminal trials Issues arising out of the right to a fair criminal trial Entrapment Unlawfully obtained evidence Victims’ rights Fair-trial rights and counter-terrorism Sentencing of those convicted of terrorism Penalties for those engaged in terrorism: fines, forfeiture, control orders, confiscation orders and asset freezing The international framework on “blacklisting”, proscribing and asset freezing: UN and EU Applying the right to a fair trial to listing regimes 182 182 183 184 185 187 187 187 188 188 190 191 192 195 Chapter 13 Evidence collection, surveillance, investigation techniques and the right to respect for private life The concept of private life Developing privacy rights before international courts and tribunals Victims’ rights and privacy protections Privacy and counter-terrorism Unlawfully obtained evidence Special investigative techniques, surveillance and policing When is it proportionate to interfere with privacy rights? Judicial supervision of SITs Protection of personal data Racial and religious profiling The Council of Europe Guidelines on Human Rights and the Fight against Terrorism 196 197 198 200 200 203 204 205 206 207 209 210 Part III: Human rights and the guarantee of democratic pluralism 213 Chapter 14 Controls on terrorist organizations Chapter 15 Freedom of expression General considerations The scope of freedom of expression protection Political and public interest expression Moral and religious expression Artistic expression Commercial expression 10 216 218 219 219 220 224 225 226 Countering Terrorism, Protecting Human Rights