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Part Four Measures of Coercion, Ch.20 Other Fundamental Rights Affected by Criminal Proceedings

From: Human Rights in Criminal Proceedings

Stefan Trechsel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Subject(s):
Witnesses — Fact-finding and inquiry

Most of the measures of coercion applied in criminal proceedings constitute intrusions into the private sphere of the suspect and sometimes also third persons. Another area which is particularly relevant is the interception of communications and the censorship of correspondence. This can take many different forms depending on the type of communication and can involve written correspondence, telephone conversations, or electronic communication such as e-mail. Conversations can be recorded and behaviour can be subjected to surveillance through the use of devices able to record sound and/or images. This chapter discusses the interference with the right to respect for private life, the basic structure of the protection of private life, the requirement of lawfulness, surveillance and interception of communications, interception of written correspondence, the case-law, principles concerning prisoners’ correspondence, technical surveillance, storage of data, undercover agents, search and seizure, and protection of property.

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