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Zoltán Csizner

The case law of the European Court of Human Rights on the use of covert methods

The case law of the European Court of Human Rights on the use of covert methods

Abstract

In addition to the changes in the structure of crime, the rise of organised crime, the unprecedented threat of terrorism, the explosive development of technical tools and the flow of information pose such challenges for law enforcement agencies that is difficult to keep up with classic forensic procedures. In Hungary and abroad the traditional investigations are supported with special investigative techniques that - through their conspired application - can help to achieve the desired result more effectively. These methods necessarily violate
certain human rights, which requires strict legislation and appropriate implementation. One of the guaranty elements of legality is effective legal remedy. An important phase of this is the examination of the European Court of Human Rights. Understanding the operation of the court, the case law and the assessment criteria used in their proceedings may provide important information for both legislators and law enforcers.

Keywords

fundamental rights, European Court of Human Rights, investigation, special investigative techniques
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