Digital Evidence Database

Showing 31 to 40 of 120 results.
  • Basic Investigative Standards for Investigators of International Crimes

    Institution

    Global Rights Compliance (GRC)

    Language

    English

    Publication date
    2016-07-01

    Reference link
    https://www.dropbox.com/s/9aywq1xycetg1zu/BIS_PGO_ENG.pdf?dl=0
    Executive summary
    n/a
    Purpose
    The document aims to provide investigators with the minimum standards regarding the collection, handling and preservation of information concerning international humanitarian or criminal law violations.
    Description
    The guidelines identify minimum standards for the investigation of core international crimes, particularly concerning the collection, handling and preservation of information. It provides an overview of the role of investigators and the International Criminal Court. It also delves into the ten investigation principles identified therein: do no harm, maintain minimum standards, impartiality and objectivity, competence, focus on information/evidence, collection and preservation of information, organised record system, confidentiality and protection, chain of custody and upholding in-house guidelines.
    Target group
    Professional investigators

  • Basic Investigative Standards for Investigators of International Crimes

    Institution

    Global Rights Compliance (GRC)

    Language

    Ukrainian

    Publication date
    2016-07-01

    Reference link
    https://www.dropbox.com/s/k27nfviztzied0v/BIS_PGO_UKR.pdf?dl=0
    Executive summary
    n/a
    Purpose
    The document aims to provide investigators with the minimum standards regarding the collection, handling and preservation of information concerning international humanitarian or criminal law violations.
    Description
    The guidelines identify minimum standards for the investigation of core international crimes, particularly concerning the collection, handling and preservation of information. It provides an overview of the role of investigators and the International Criminal Court. It also delves into the ten investigation principles identified therein: do no harm, maintain minimum standards, impartiality and objectivity, competence, focus on information/evidence, collection and preservation of information, organised record system, confidentiality and protection, chain of custody and upholding in-house guidelines.
    Target group
    Professional investigators

  • Video as Evidece, Field Guide

    Institution

    Witness

    Language

    English

    Publication date
    2016-03-29

    Reference link
    https://vae.witness.org/video-as-evidence-field-guide/
    Executive summary
    n/a
    Purpose
    "The goal of the Field Guide is to provide methods for filmers use videos to expose abuse and bring about justice. This resource helps ensure that more cameras in more hands can lead to more exposure and greater justice."
    Description
    The Field Guide provides information on the basic legal principles and processes for the interaction between law and video. It also provides basic practices and tips for capturing video with enhanced evidentiary value. Regarding filming for evidentiary purposes, it gives assistance on filming, organizing and managing your videos for evidentiary purposes. It addresses practices on sharing and using eyewitness video in Human Rights reporting and advocacy: Lastly, it includes techniques for verifying video content and guidelines for using ethically using eyewitness video.
    Target group
    first responders, field workers, journalists, activists, community reporters, and human rights investigators

  • Ethical Guidelines: Using Eyewitness Videos in Human Rights Reporting and Advocacy

    Institution

    Witness

    Language

    English

    Reference link
    https://lab.witness.org/announcing-witness-ethical-guidelines-for-using-eyewitness-footage-in-human-rights/
    Executive summary
    n/a
    Purpose
    The purpose of the guide is to fill a gap with regard to new challenges that arise from using videos - especially using videos that have been produced by other people, filmed by bystanders, activists, victims, survivors and sometimes event perpetrators of abuse.
    Description
    As ethical guidelines, the document addresses the principles of ethical documentation, which include matters regarding consent, intended audience, and the safety, dignity, and privacy of individuals and communities filmed. It also describes the role of professional judgment, providing assistance in the absence of clear indicators of informed consent, how to make a professional judgment about whether using footage could violate the consent, privacy, or dignity of those filmed, and weigh the intended social good with the potential risks involved. The document also includes practices in light of the 'do no harm principle'. It contains guidances on issues regarding the source, such as when the videos are filmed by perpetrators, credit and contex, and at-risk sources. Lastly, it includes a list of questions to assess when it is appropriate to share graphic footage.
    Target group
    investigators, journalists, advocates, filmmakers, and others who use eyewitness videos for reporting or documenting human rights

  • A Handbook on Assisting International Criminal investigations

    Institution

    Swedish National Defence College

    Language

    English

    Reference link
    https://fba.se/contentassets/6f4962727ea34af5940fa8c448f3d30f/handbook-on-assisting-international-criminal-investigations.pdf
    Executive summary
    n/a
    Purpose
    The ambition of this handbook is to provide practical guidance to lay persons who are in areas where they might receive or collect information that may assist investigations into international crimes. The guidance offered in this handbook is intended to enable lay persons to assist the professional staff of international criminal courts and tribunals, and not to transform lay persons into criminal investigators or analysts.
    Description
    The guide contains guiding principles of observation and information collection, collecting information and evidence section, as well as a section on dealing with witnesses.
    Target group
    Civilian or military actors deployed to conflict and post-conflict zones as part of national or multinational missions or for other reasons

  • 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

  • Basic Manual on the Detection And Investigation of the Laundering of Crime Proceeds Using Virtual Currencies

    Institution

    United Nations Office on Drugs and Crime (UNODC)

    Language

    English

    Publication date
    2014-06-01

    Reference link
    https://www.imolin.org/pdf/UNODC_VirtualCurrencies_final_EN_Print.pdf
    Executive summary
    n/a
    Purpose
    Assist the targeted audience to investigation with repect to money laundering and more specifically through the use of virtual currencies.
    Description
    The purpose of the guidelines is to strenghten the combating money-laundering as well as in seizing and confiscating crime procees. It is based on a project that sought to promote regional approach to counter money landering and to strenghten intern-agency cooperation.
    Target group
    Investigators, prosecutors on the detection, investigation, and prosecution and seizure of crime / money laundering

  • Practical Guide for Requesting Electronic Evidence Across Borders

    Institution

    United Nations Office on Drugs and Crime (UNODC)

    Language

    English

    Publication date
    2019-02-01

    Reference link
    https://www.unodc.org/unodc/en/frontpage/2019/January/unodc-and-partners-release-practical-guide-for-requesting-electronic-evidence-across-boarders.html
    Executive summary
    n/a Note: the document is not a public document.
    Purpose
    "The Practical Guide will provide practitioners with best practice from experts in the field, legal procedures from over 20 States, and contact points to assist practitioners on how to request and produce the electronic evidence needed for trial. As well as being an essential reference tool, the Practical Guide will be used for global training to share knowledge and give practitioners the confidence to request electronic evidence quickly, legally and in an admissible format for trial."
    Description
    "The guide includes a compilation of country-specific focal points, a mapping of the major communication service providers' relevant procedures and available points of contact, legal frameworks and practical requirements for informal (police-to-police) and formal mutual legal assistance cooperation."
    Target group
    Criminal justice officials, investigators and prosecutors

  • Common challenges in combating cybercrime (as identified by Eurojust and Europol)

    Institution

    EuropolEurojust

    Language

    English

    Publication date
    2019-06-30

    Reference link
    https://www.eurojust.europa.eu/sites/default/files/Publications/Reports/2019-06_Joint-Eurojust-Europol-report_Common-challenges-in-combating-cybercrime_EN.PDF
    Executive summary
    n/a
    Purpose
    "The objective of this document is to identify and categorise the common challenges in combating cybercrime1 from both a law enforcement and a judicial perspective. Eurojust and Europol’s European Cybercrime Centre (EC3) have identified the challenges based on and informed by operational and practical experience, joint deliberations and expert input. Other sources used include final reports of several thematic and strategic meetings with national experts and relevant stakeholders, strategic reports and assessments such as Europol’s EC3’s Internet Organised Crime Threat Assessment (IOCTA), as well as various open sources. Despite the availability of information, both in- and external, on the obstacles, the discussion can certainly benefit from more extensive (and broader) research and a closer comparison of existing legislation at national and international levels. The challenges identified fall into five main areas (see also Figure 1 below):  loss of data;  loss of location;  challenges associated with national legal frameworks;  obstacles to international cooperation; and  challenges of public-private partnerships. This document further examines some of the practical implications of these challenges. In addition, this document lists some of the most relevant ongoing activities and open issues regarding each of the challenges identified. For this purpose, a short overview is given at the end of each chapter. Additional information on some of the ongoing activities as well as some of the open issues can be found in the Annex."
    Description
    The document focuses on summarizing the main challenges related to combating cybercrimes. It specificall focuses on explaning these challenges with respect to: a) loss of data, b) loss of location; c) challenges associated with national legal frameworks; d) obstacles to international cooperation and e) challenges to public private partnership. It also concludes with an annex of additional information on ongoing activities and open issues.
    Target group
    Actors on both law enforcement and judicial levels

  • CCBE recommendations on the establishment of international rules for cross-border access to electronic evidence

    Institution

    Council of Bars and Law Societies of Europe (CCBE)

    Language

    English

    Publication date
    2019-02-28

    Reference link
    https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/SURVEILLANCE/SVL_Position_papers/EN_SVL_20190228_CCBE-recommendations-on-the-establishment-of-international-rules-for-cross-border-access-to-e-evidence.pdf
    Executive summary
    n/a
    Purpose
    The purpose of the guidelines is to summarize the challenges and providee recommendations on cooperation mechanisms between law enforcement authorities regarding the exchange of data between the EU and the U.S. or the countries who are parties to the Budapest Convention.
    Description
    This paper is the CCBE’s response to a number of developments concerning the establishment of international rules for cross-border access to electronic evidence for the purpose of criminal investigations, especially as regards to the so-called direct cooperation between law enforcement authorities and service providers.
    Target group
    Law enforcement agencies

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