Recommendations for Using and Protecting Intelligence Information In Rule of Law-Based, Criminal Justice Sector-Led Investigations and Prosecutions
Published: 25/08/2016 by GCTF
In implementing effective counterterrorism (CT) strategies, many States have recognized the benefits of a collaborative and cooperative relationship between law enforcement and intelligence agencies. Underscoring the critical role that intelligence and sensitive law enforcement information can play in the prevention of terrorism, Good Practice 6 of the GCTF Rabat Memorandum on Good Practices for Effective Counterterrorism Practice in the Criminal Justice Sector (Rabat Memorandum) encourages States to enact rule of law-based measures to protect the sources and collection methods of such information in terrorism cases. Once developed, these legal safeguards may allow investigators and prosecutors to use intelligence and sensitive law enforcement information as evidence, as appropriate, in a manner that both protects the sources and collection methods and maintains the accused person’s right to fair trial as recognized under national and international law, including human rights law.
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