Managing human rights and covert methods in transnational criminal investigations
Transnational criminal investigations are being undertaken with increasing frequency. This is in part owing to the rising number of occasions in which any given domestic criminal investigation, particularly the investigation of serious crime involving the sourcing, transmission and distribution of illicit commodities, will encounter transnational criminal markets and so necessitate acquiring evidence from a foreign jurisdiction (Jones and Doobay 2005: 362). Secondly, it is in part owing to the increasing political priority accorded to transnational organised crime as governments raise the profile of the phenomenon by incorporating it in their strategic assessments of national security threats (White House 1998, Cabinet Office 2008: para 3.14-3.17). In articulating its official response to national security threats, the United Kingdom Government identified the following core values as underpinning its strategy: protection of human rights; adherence to the rule of law; legitimate and accountable government; the related socio-political values of justice, freedom, tolerance; and opportunity for all (Cabinet Office 2008: para 2.1). In participating in the global fight against transnational organised crime, the British Government has publicly asserted the protecting of human rights as being at least of equal importance with enforcing the rule of law.
C. Harfield, 'Managing human rights and covert methods in transnational criminal investigations' in S. Hufnagel, C. Harfield & S. Bronitt(ed), Cross-border Law Enforcement : Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives (2012) 231-242.