Covert and Technical Surveillance Measures and Investigation

Abstract

The use of contemporary technological achievements in combating and preventing
criminality, especially when it comes to discovering it and ensuring evidence, is considered
imperative in contemporary conditions. In this process the undertaking of certain actions, with the
necessary use of means and technological methods, there may be a conflict with the fundamental
human rights and freedoms. In the public opinion, this is often interpreted as belonging to nondemocratic
societies and states when there is an abuse of authorizations with the aim of placing
control over their citizens. In this case, the fact that every criminal offense represents a violation of
human rights and fundamental freedom is neglected, whereas contemporary crime, and especially the
organized crime, infringe upon not only the basis of the society but also all rights and freedoms.
Therefore, there should be no presumption as to whether prosecution bodies should use technological
achievements in combating crime. The overall view of the European Court is that the state has a
“positive obligation” to prevent and investigate criminal offenses and to criminally prosecute the
offenders. The measures undertaken with the purpose of detecting and preventing such offenses and
which interfere with the private life of the person are usually acceptable, provided they are provided
by law and in conformity with the constitution and international standards which allow the limitation
of freedoms and of human rights in indispensable cases.