Digital Evidence Database
Showing 91 to 100 of 120 results.
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Fair Trials' Consultation Paper on E-Evidence
- Institution
Fair Trials
- Language
English
- Reference link
- https://www.fairtrials.org/sites/default/files/Fair-Trials-e-evidence-consultation-paper.pdf
- Executive summary
- Faced with increasing use of electronic evidence in the context of criminal investigations, both the US and the EU have expressed the willingness to modernise the tools enabling cross-border access to electronic data for law enforcement authorities, and to cooperate further in the exchange of electronic data. This is an opportunity for the EU and the US to set a gold standard for the world. It is proposed that the new form of cooperation would, effectively, enable law enforcement authorities directly to seek the preservation or production of electronic data held by private companies overseas. Given the impact of cooperation measures on human rights, it will be crucial for the fair long-term functioning of any future mechanism that it is underpinned by human rights protections. To date, this has been recognised by vague and uncertain principles, but any failure to ensure adequate human rights protections is likely to have a negative impact on the fairness, effectiveness and long-term sustainability of the new mechanism. We recognise the concerns expressed by other stakeholders about the rationale itself of the proposed new mechanism, but in view of the political pressure to make this happen, we would like to focus on four key safeguards required to preserve the fundamental fair trial protections for people accused of crime: Prior notification to the suspect: In criminal trials, where the prosecution has the machinery of the state behind it, the principle of equality of arms is an essential guarantee of an accused’s right to defend themselves. It ensures that the accused has a genuine opportunity to obtain evidence to support its defence, prepare and present their case, and contest evidence put before the court, on equal footing with the prosecution. However, this is threatened by (inter alia) the lack of notification about the gathering of data. Although we recognise that specific stages of some investigations may, exceptionally, require secrecy, notification is key to enable challenges to requests and ensure that evidence supporting a person’s innocence is preserved as is other evidence. Robust prior judicial authorisation procedure: In view of the implications of the new tools on privacy and other fundamental rights, the new tools must require that law enforcement authorities meet a sufficiently high threshold in terms of suspicion of criminality (and the severity of the offence) as well as the relevance and materiality of the evidence sought, before they can request or obtain and share electronic data. In addition, requests must be subject to prior meaningful judicial oversight to avoid overbroad and disproportionate requests being issued. Meaningful remedies in the event of a trial: A key check on the legality of evidence-gathering by law enforcement authorities occurs at trial (or shortly before, after the evidence has been gathered). This is the power for the accused to challenge the admissibility of evidence on which the state is seeking to rely to secure a conviction. The accused person must have the right to challenge the request and use of data at trial, and seek specified appropriate legal remedies where electronic data has been obtained illegally. And in order to be in a position to exercise the right to challenge, accused persons must be able to obtain disclosure of the sources of the electronic evidence. Effective and systemic oversight on the use of the measures by law enforcement authorities: If the new tools are used fairly and proportionately, they are more likely to maintain public trust in criminal justice systems and law enforcement authorities. Effective oversight mechanisms will ensure that we insulate against the risk of improper use, and help protect both the reputation of legitimate law enforcement activity and those who could become victims of abuse of the tools.
- Purpose
- The purpose of the guidelines is to take a note and evaluate trial safeguards, in light of the ongoing discussions on cloud-acts and relevant provisions, and esnure that the standards is high enough to ensure fair trial guarantees.
- Description
- The paper focuses on discussing four trial safeguards: notification to the suspect, prior judicial authorisation, remedies at trial, and systematic oversight. It further describes and discusses the required fairness safeguards, before concluding with a chart outlining the proposal on e-evidence.
- Target group
- Law agencies and criminal justice actors
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Verification Handbook: An Ultimate Guideline on Digital Age Sourcing for Emergency Coverage
- Institution
European Journalism Centre (EJC)
- Language
English
- Reference link
- http://verificationhandbook.com/downloads/verification.handbook.pdf
- Executive summary
- Authored by leading journalists from the BBC, Storyful, ABC, Digital First Media and other verification experts, the Verification Handbook is a groundbreaking new resource for journalists and aid providers. It provides the tools, techniques and step-by-step guidelines for how to deal with user-generated content (UGC) during emergencies.
- Purpose
- The document seeks to provide actionable advice to facilitate disaster preparedness in newsrooms, and best practices for how to verify and use information, photos and videos provided by the crowd.
- Description
- The guidelines provide information on verification fundamentals (using social media as a police scanner), verification of user-generated content, verification of images and videos, and and guides as to how to prepare for disaster coverage and creating verification process and checklists. In the annex, the guide contains a field guide to enhancing the evidentiary value of video for human rights.
- Target group
- Journalists, aid providers, citizen reporter, relief responder, volunteer, journalism school student, emergency communication specialist, academics, social media investigators
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Berkeley Protocol on Digital Open Source Investigations: A Practical Guide on the Effective Use of Digital Open Source Information in Investigating Violations of International Criminal, Human Rights and Humanitarian Law
- Institution
Berkeley Centre for Human Rights
- Language
English
- Publication date
- 2020-12-01
- Reference link
- https://humanrights.berkeley.edu/programs-projects/tech-human-rights-program/berkeley-protocol-digital-open-source-investigations
- Executive summary
- Open source investigations are investigations that rely, in whole or in part, on publicly available information to conduct formal and systematic online inquiries into alleged wrongdoing. Today, large quantities of publicly available information are accessible through the Internet, where a quickly evolving digital landscape has led to new types and sources of information that could assist in the investigation of alleged human rights violations and serious international crimes. The ability to investigate such allegations is of particular value to investigators who cannot physically access crime scenes in a timely manner, which is often the case in international investigations. Open source information can provide leads, support intelligence outputs and serve as direct evidence in courts of law. However, in order for it to be used in formal investigation processes, including legal investigations, fact-finding missions and commissions of inquiry, investigators must employ consistent methods, which both strengthen the accuracy of their findings and allow judges and other fact-finders to better evaluate the quality of the investigation process itself. The Berkeley Protocol on Digital Open Source Investigations was developed to provide international standards and guidance for investigators in the fields of international criminal justice and human rights. Such investigators come from a range of institutions, including media outlets, civil society groups and non-governmental organizations, international organizations, courts, and national and international investigative agencies. The establishment of consistent and measurable standards to support this multidisciplinary arena is a means of professionalizing the practice of open source investigations. While guidelines and training on the use of specific tools and software are an essential part of improving the quality of digital open source investigations, the Berkeley Protocol does not focus on specific technologies, platforms, software or tools, but rather on the underlying principles and methodologies that can be consistently applied, even as the technology itself changes. These principles outline minimum legal and ethical standards for conducting effective open source investigations. By following the guidance in the Berkeley Protocol, investigators will help to ensure the quality of their work, while minimizing the physical, psychosocial and digital risks to themselves and others. The Berkeley Protocol is designed as a teaching tool and a reference guide for open source investigators. Following an introductory chapter, the subsequent three chapters are dedicated to overarching frameworks, including principles, legal considerations and security. The remaining chapters are focused on the investigation process itself. This section of the Berkeley Protocol begins with a chapter on preparation and strategic planning, followed by a chapter dedicated to the various investigatory steps required – namely, online inquiries, preliminary assessment, collection, preservation, verification and investigative analysis. It concludes with a chapter on the methodology and principles for reporting on the findings of an open source investigation.
- Purpose
- The protocol aims to respond to the new environment of open source and digital data, providing tools on dealing with the opportunities and challenges posed by this reality. Consequently, "[t]he Protocol is designed to standardise procedures and provide methodological guidance across disparate investigations, institutions and jurisdictions to assist open source investigators in understanding the importance of: (a) Tracing the provenance of online content and attributing it to its original source, where possible; (b) Evaluating the credibility and reliability of online sources; (c) Verifying online content and assessing its veracity and reliability; (d) Complying with legal requirements and ethical norms; (e) Minimising any risk of harm to themselves, their organisations and third parties; (f) Enhancing protection of the human rights of sources, including the right to privacy".
- Description
- The Berkeley Protocol on Digital Open Source Investigations aims to standardise procedures and provide methodological guidance concerning digital open source investigations. The document addresses the relevant principles in open source investigations from a professional, methodological and ethical standpoint. It also provides the legal framework applicable to these investigations, providing security considerations and relevant guidance for the preparation, the investigative process and the reporting on findings. The Protocol also contains a glossary and a series of annexes, including forms and templates to assist investigators.
- Target group
- investigators, lawyers, archivists, and analysts.
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Preuves électroniques dans les procédures civiles et administratives (Lignes directrices et exposé des motifs)
- Institution
Council of Europe (European Union)
- Language
French
- Publication date
- 2019-01-30
- Reference link
- https://rm.coe.int/lignes-directrices-sur-les-preuves-electroniques-et-expose-des-motifs/1680968ab6
- Purpose
- "The guidelines aim to facilitate the use and management of electronic evidence within legal systems and in court practices."
- Description
- The document includes a brief section on relevant definitions, including metadata, trust service, among others. It also sets out fundamental principles for the handling of electronic evidence in civil and administrative proceedings. The guidelines address the process of taking oral evidence by remote link; the use of electronic evidence; the collection, seizure and transmission of electronic evidence; relevance and reliability; storage, preservation and archiving. The document also includes a note on the importance of awareness-raising, review, training and education.
- Target group
- EU Member States, their judicial and dispute-resolution mechanisms.
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La Preuve Audiovisuelle Devant Les Instances Internationales: techniques et Admissibilité, Manuel à l'usage des practiciens
- Institution
TRIAL
- Language
French
- Publication date
- 2020-12-01
- Reference link
- https://trialinternational.org/fr/latest-post/la-preuve-audiovisuelle-devant-les-instances-internationales-nouveau-manuel-a-lusage-des-praticiens/
- Executive summary
- n/a
- Purpose
- The manual promotes the use of the new technologies in the daily work of human rights defenders, lawyers, prosecutors, and other professional involved in international justice. It also aims to advance practices at the national level regarding the usage of audiovisual material as evidence.
- Description
- The manual is the result of a project started by the organization in the Democratic Republic of Congo (DRC) on the use of new technologies in the fight against impunity regarding international crimes, and more specifically, on the use of audiovisual material as evidence. The manual is structured in two chapters. Chapter 1 addresses the admissibility and evidentiary weight of audiovisual evidence; and, Chapter 2 addresses audiovisual means and techniques regarding testimonies in international criminal proceedings, as well as witness protection. The manual provides an overview of relevant jurisprudence of international criminal tribunals on the use of audiovisual material as evidence.
- Target group
- (international) criminal justice practitioners, including human rights defenders, lawyers, prosecutors
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La Preuve Audiovisuelle Devant Les Instances Internationales: techniques et Admissibilité, Manuel à l'usage des practiciens
- Institution
TRIAL
- Language
French
- Publication date
- 2020-12-01
- Reference link
- https://trialinternational.org/fr/latest-post/la-preuve-audiovisuelle-devant-les-instances-internationales-nouveau-manuel-a-lusage-des-praticiens/
- Executive summary
- n/a
- Purpose
- The manual promotes the use of the new technologies in the daily work of human rights defenders, lawyers, prosecutors, and other professional involved in international justice. It also aims to advance practices at the national level regarding the usage of audiovisual material as evidence.
- Description
- The manual is the result of a project started by the organization in the Democratic Republic of Congo (DRC) on the use of new technologies in the fight against impunity regarding international crimes, and more specifically, on the use of audiovisual material as evidence. The manual is structured in two chapters. Chapter 1 addresses the admissibility and evidentiary weight of audiovisual evidence; and, Chapter 2 addresses audiovisual means and techniques regarding testimonies in international criminal proceedings, as well as witness protection. The manual provides an overview of relevant jurisprudence of international criminal tribunals on the use of audiovisual material as evidence.
- Target group
- (international) criminal justice practitioners, including human rights defenders, lawyers, prosecutors
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Basic investigative Standards for First Responders to International Crimes
- Institution
Global Rights Compliance (GRC)
- Language
Russian
- Publication date
- 2016-07-01
- Reference link
- https://www.dropbox.com/s/l10ziit366fexlv/GRC%20BIS%20%28Russian%29.pdf
- Executive summary
- n/a
- Purpose
- "These basic investigative standards (“BISs”) identify the minimum standards that a first responder to a suspected crime, which may amount to an international crime, should adhere to in collecting, handling and preserving information in order to facilitate the subsequent work of professional investigators and prosecutors. The BISs are aimed at non-lawyers and non-professional investigators, including those who work for non-governmental organisations (“NGOs”), attempting to collect, handle and preserve information concerning international humanitarian or criminal law violations. As well as being intended to optimise practical cooperation with the International Criminal Court (“ICC”) Prosecutor, they are designed to achieve the most effective and robust foundation for any subsequent investigation and adjudication at the domestic or international level."
- Description
- These guidelines provides an overview of the role of first responders and the International Criminal Court, the basic investigation principles, including minimum standards, basic substantive knowledge for IHL investigations, guidance on how to implement an organized system to record the investigation steps and the results obtained. It further obtains standards for the collection, handling and preservation of information/evidence. In the annexes, the guide provides an evidence envelope sample; examples of log files, and witness code sheet.
- Target group
- investigators and first responders
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Профилактика, выявление и лечение викарной травмы при расследовании событий на Ближнем Востоке
- Institution
Bellingcat
- Language
Russian
- Publication date
- 2018-11-16
- Reference link
- https://ru.bellingcat.com/materialy/putevoditeli/2018/11/16/vicarious-trauma/
- Executive summary
- n/a
- Purpose
- The guide is intended to serve as an educational tool for those working in the open source investigative field on how to prevent, identify and address vicarious trauma.
- Description
- The document focuses on open source investigations in the Middle East, but can be adapted to other geographic areas. Considering the graphic scenes that open source investigators face, the document includes practical advice on preventing, identifying and addressing secondary trauma. The document focus on upholding the investigator's well-being.
- Target group
- Open source researchers and investigators
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Сбор геопространственных данных веб-скрейпингом
- Institution
Bellingcat
- Language
Russian
- Publication date
- 2018-12-09
- Reference link
- https://ru.bellingcat.com/materialy/putevoditeli/2018/12/09/scraping-geo-data/
- Executive summary
- n/a
- Purpose
- To provide guidance on how to scrape interactive geospatial data for further analysis and archiving.
- Description
- The guide provides concrete guidance on how to scrape interactive geospatial data that might be publicly accessible but not to be donwloaded, for further data analysis and archiving. The guide focuses on downloading geospatial data, but it is expected that some of these concepts will also be applicable to other formats of data which is stored in a similar fashion.
- Target group
- Open source researchers and investigators
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Самое полное руководство по работе с TweetDeck
- Institution
Bellingcat
- Language
Russian
- Publication date
- 2019-08-05
- Reference link
- https://ru.bellingcat.com/materialy/putevoditeli/2019/08/05/tweetdeck/
- Executive summary
- n/a
- Purpose
- To show how TweetDeck can vastly simplify and organize the research while allowing the collection of a greater amount of information with less time and effort.
- Description
- The guide presents guidance on how to use TweetDeck as a more efficient and quick tool for open source investigators. It addresses basic concepts, such as search columns and filters; twitter lists; search by location; searching other platforms; and a combination of research methods.
- Target group
- Open source researchers and investigators
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