Covert and technical surveillance measures and investigation

• Author: Fejzullah Hasani
• Position: University 'KadriZeka' Faculty of Law, Gjilan, Kosovo
• Pages: 41-53

JURIDICA

41

Covert and Technical Surveillance

Measures and Investigation

Fejzullah Hasani

1

Abstract: The use of contemporary technological achievements in combating and preventing

criminality, especially when it comes to discovering it and ensu ring 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 opin ion, this is often interpreted as belonging to non-

democratic 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 no t 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 pro vided

by law and in conformity with the constitution and international standards which allow the limitation

of freedoms and of human rights in indispensable cases.

Keywords: Covert measures; human rights; interception; monitoring; controlled delivery; simulated

purchase of an item

1. Introduction

Under contemporary conditions, covert and technical surveillance measures and

investigation are considered as special means through which important facts can be

ascertained and valuable material evidence can be obtained for the successful

conduct of criminal proceedings. These measures, in accordance with paragraph 1

of Article 84 of the Criminal Procedure Code, are enforced or required to be

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University “KadriZeka” Faculty of Law, Gjilan, Kosovo, Address: “Zija Shemsiu” pn. 60000 Gjilan,

Kosovo, Corresponding author: fhasani60@hotmail.com.

AUDJ, Vol. 15, No. 3/2019, pp. 41-53