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Intimidation of Witnesses and the Rights of the Defence
Set up under the authorithy of the European Committee on Crime Problems
The Protection of Witnesses and Collaborators of Justice
In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. On that basis, and having drawn up a survey of national laws and practice in member and observer states, the Council of Europe has drawn up a new standard, Recommendation Rec(2005)9 of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice, which is the subject of this publication.
Special Investigation Techniques in Relation to Serious Crimes Including Acts of Terrorism
In order to combat terrorism and serious crime, law enforcement authorities have had to adapt their investigative means and develop special investigation techniques. These techniques are used to systematically gather information in such a way that they do not alert those being investigated. Since there is a risk that they may infringe individual rights, special investigation techniques must be subject to control. This has been advocated by the European Court of Human Rights which "has already recognised the need, inherent in the Convention system, for a proper balance between the defence of the institutions of democracy in the common interest and the protection of individual rights". This publication contains Recommendation Rec(2005)10 of the Committee of Ministers to member states on "special investigation techniques" in relation to serious crimes including acts of terrorism. It aims at promoting the effective use of special investigation techniques by judicial and prosecuting authorities in the framework of their criminal investigations in relation to serious crimes, including acts of terrorism, whilst ensuring strict respect for the rights and freedoms of the individual.
Extortions Under Terrorist Threats
The report contains general guidelines which may be useful to
The Position of the Victim in the Framework of Criminal Law and Procedure
**** A. At police level
Problems of Criminal Procedural Law Connected with Information Technology
On cover: Legal issues
