Safeguarding human rights during judicial review of covert investigative actions

Abstract

This article examines the protection of human rights and freedoms within the context of an investigating judge's review of applications for covert investigative actions. As judicial oversight becomes increasingly critical in balancing state security interests with individual rights, this study delves into the procedural safeguards and judicial standards that ensure human rights are upheld during the approval process for covert searches and surveillance. Through a detailed analysis of legal frameworks and case studies, the article identifies key areas where the guarantees of privacy, due process, and legal representation must be fortified. It also explores the role of the investigating judge in mitigating potential abuses of power and maintaining transparency. The findings highlight best practices for judicial review, offering recommendations for enhancing the protection of constitutional rights in the realm of covert operations. This research contributes to the ongoing discourse on judicial accountability and the ethical dimensions of investigative practices, advocating for a balanced approach that respects both security needs and fundamental freedoms.

Keywords

• covert investigative (search) actions
• petition
• permission to conduct an emergency (P)
• judicial control
• interference in private communication