International Standards for the Use of Special (Secret) Investigation Techniques

Abstract

The article deals with the issues of international standards for the use of special (secret) investigation techniques. The provisions of international documents (primarily the European Convention on Human Rights) are analyzed in detail, as well as the case-law of the European Court of Human Rights on a given topic. Based on the analysis of these sources, it allowed to distinguish the following standards for the use of special (secret) investigation techniques: 1) the right to know about the evidence obtained through the use of special (secret) investigative techniques; 2) rules of admissibility of evidence obtained through the use of special (secret) investigative techniques; 3) prohibition of provocation during the use of special (secret) investigative techniques; 4) the right to call and cross-examine witnesses in connection with the use of special (secret) investigative techniques; 5) the quality of the law providing for the use of special (secret) investigative techniques; 6) the legality of the use of special (secret) investigative techniques; 7) the right to an effective remedy in connection with the use of special (secret) investigative techniques. In the course of scientific research, it turns out the content of standards for the use of special (secret) investigative techniques. It is established that the right to know about the evidence obtained through the use of special investigative techniques provides sufficient time and opportunity to prepare defense by a person charged with a criminal offence. It is noted that the rules of admissibility of evidence obtained through the use of special (secret) investigative techniques provide for the study of the fairness of the proceedings as a whole, as well as clarifying the question of whether the right to defense and importance of evidence is respected. International standards for the use of special (secret) investigative techniques are also proposed to include the prohibition of provocation, which provides for the separation of provocation itself and investigation of a crime mainly in a passive way. The right to call and cross-examine witnesses embodies the principle that before a guilty verdict, all evidence of the accused's guilt must be presented in his presence. It is substantiated that the standards defined in Article 8 of the Convention and the relevant practice of the European Court on Human Rights can be divided into two categories: the quality of the law providing for the use of special (secret) investigative techniques and the legality of the use of special (secret) investigative techniques. The last standard concerns the right to an effective remedy and provides for the availability of appropriate mechanisms when using special (secret) investigative techniques.