Special evidentiary actions in support of terrorism suppression and the fundamental legal aspects of the military forces’ counterterrorist activity

Abstract

The paper explains the basic features of special evidentiary actions in the Serbian criminal procedure system, when they are used for suppression of terrorism. Special attention is paid to covert audio and video surveillance as typical special evidentiary actions. The paper concludes that terrorism can not be suppressed by using the military force only, but that certain military intelligence services play an important role in countering terrorism. It points out that the implementation of special evidentiary actions is of great importance for suppressing terrorism, but that it has to be ultima ratio, i.e. the “last resort”, because if such special investigative techniques are excessively used, they may be too threatening to human rights and freedoms, as well as very expensive, and consequentially such evidence methods become less effective.

Keywords

• criminal proceedings
• terrorism
• special evidentiary actions
• special investigative techniques
• military intelligence agency