Issue 6 (2017)

CONFLICT BETWEEN THE SECRET INVESTIGATION ACTIONS AND FUNDAMENTAL HUMAN RIGHTS

Abstract: The article:’Confl ict between the secret investigation actions and the fundamental human rights’ is about confl icts and problems raised between secret investigation actions and the fundamental human rights and freedoms. Exactly, due to its hidden character, the secret investigative actions are related to the most important principles of the criminal law, such as right to refrain from self-incrimination, also rights of third persons, in particular rights of persons not connected with the crime and intensively invade the fundamental human rights. These are the principles are object of not only the Constitution of Georgia but of the European Convention on Human Rights, as well as the object of diverse international acts. The article analyses the problems and dangers raised by the secret investigation actions and proposes the ways for eliminating them.

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