Both prosecutors and accused persons have an interest in having clearly defined rules that apply to the collection of evidence in the lead-up to a criminal trial. An accused cannot enjoy meaningful rights—such as the right to silence or to counsel—at trial, if these rights were violated during the investigation process when he was a suspect. The prosecutor, meanwhile, wishes to collect evidence in compliance with applicable rules so that it is admissible at any future trial. And yet international investigations are a new creation. Each of the international...
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