RIGHT TO PRIVACY AND SPECIAL INVESTIGATIVE ACTIONS

Special investigative measures (or special investigative techniques or covert investigative measures) are special and specialized methods based on the use of certain techniques, and special resources, actions and measures in practice, which have a significant operational dimension. These are special actions aimed at obtaining evidence distinguished from standard or usual actions of obtaining evidence or standard manner of collecting evidence. Special investigative actions constitute the investigation activities (ultima ratio) scrutinizing serious criminal offences in cases when evidence cannot be obtained in any other way or their collection would entail the unproportional difficulties. Special investigative actions are a novelty in this region introduced in criminal procedure legislation of Bosnia and Herzegovina in 2003 through provisions which are more or less in force in the same wording as they were firstly defined. Special investigative actions are:a) surveillance and technical recording of telecommunications;b) access to the computer systems and computerized data processing; c) surveillance and technical recording of premises; d) covert tracking and technical recording of individuals and objects;e) use of undercover investigators and informants; f) simulated purchase of certain objects and simulated bribery; g) supervised transport and delivery of objects. The debate among experts on special investigative actions, their effects and their implementation, possible breach of basic human rights and freedoms is as old as the special investigative actions themselves. According to those who speak in favor of their use, they have met the expectations of their creators, and the wider public alike, when it comes to the results achieved in finding and collecting evidence of the most serious crimes. On the other hand, not sufficiently researched is their use from the point of view of the highest-ranked national and international legal instruments in terms of the protection of the right to respect the private and family life, especially in practice, during the implementation of these actions. One can raise a question whether these actions, in their current form, are able to withstand control and criticism of the contemporaries?

Anahtar Kelimeler:

CEZA MUHAKEMESİ, ÖZEL SORUŞTURMA

Special investigative measures (or special investigative techniques or covert investigative measures) are special and specialized methods based on the use of certain techniques, and special resources, actions and measures in practice, which have a significant operational dimension. These are special actions aimed at obtaining evidence distinguished from standard or usual actions of obtaining evidence or standard manner of collecting evidence. Special investigative actions constitute the investigation activities (ultima ratio) scrutinizing serious criminal offences in cases when evidence cannot be obtained in any other way or their collection would entail the unproportional difficulties. Special investigative actions are a novelty in this region introduced in criminal procedure legislation of Bosnia and Herzegovina in 2003 through provisions which are more or less in force in the same wording as they were firstly defined. Special investigative actions are: a) surveillance and technical recording of telecommunications; b) access to the computer systems and computerized data processing; c) surveillance and technical recording of premises; d) covert tracking and technical recording of individuals and objects; e) use of undercover investigators and informants; f) simulated purchase of certain objects and simulated bribery; g) supervised transport and delivery of objects. The debate among experts on special investigative actions, their effects and their implementation, possible breach of basic human rights and freedoms is as old as the special investigative actions themselves. According to those who speak in favor of their use, they have met the expectations of their creators, and the wider public alike, when it comes to the results achieved in finding and collecting evidence of the most serious crimes. On the other hand, not sufficiently researched is their use from the point of view of the highest-ranked national and international legal instruments in terms of the protection of the right to respect the private and family life, especially in practice, during the implementation of these actions. One can raise a question whether these actions, in their current form, are able to withstand control and criticism of the contemporaries?

Keywords:

special investigative actions, criminal procedure, human rights and freedoms right to privacy, human rights and freedoms,

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