Intelligence and human rights in terrorist trials

Compatible or incompatible?

This article focuses on the special criminal procedures for the use of intelligence in terrorist trials in Canada, France, the Netherlands and the United Kingdom. Since 9/11 and the terror attacks in London and Madrid, gathering intelligence as well as the prosecution of suspects of terrorist crimes have become strategic tools in countering terrorism.

By reviewing the special procedures for the use of intelligence, their compatibility with human rights standards, including the right to fair trial, is discussed. Concerns include the extent to which disclosure is made possible and to whom. The differences in criminal procedures for the use of intelligence in terrorist trials also raises questions if intelligence origins from a third state, in which different regulations with regard to disclosure of information apply.