The Observance of Human Rights and Freedoms during the Covert Obtaining of Information in Criminal Proceedings

Abstract

This article focuses on the analysis of problematic aspects of the system of internal control and judicial review over the protection of human rights and freedoms in the context of covert obtaining of information for the needs of criminal justice. Focusing on control measures and striking a balance between justice and human rights, the article dwells upon the effectiveness of supervision mechanisms and the factors affecting their efficiency. Analysis of legislation and case law of various European countries is therefore carried out to assess the effectiveness of control measures. Various factors that determine the effectiveness of control measures are examined. In addition, ways of solving these issues in the legislation of European countries and other jurisdictions are considered. As a result, the main problems and obstacles in ensuring the rights and freedoms of citizens while secretly obtaining information for criminal justice are identified. Furthermore, the effectiveness of mechanisms of internal control and judicial review in criminal proceedings is evaluated. Finally, a course of actions is suggested to maintain the balance of interests between criminal justice and human rights and freedoms.