ПОСЕБНЕ ИСТРАЖНЕ РАДЊЕ И ЉУДСКА ПРАВА
SPECIAL INVESTIGATIVE ACTIONS AND HUMAN RIGHTS

Summary/Abstract: Special investigative actions are a very powerful tool and mechanism in the hands of the Court, the Prosecutor's Office and police agencies, which are used in solving the most complex crimes of organized crime. The essential application of special investigative actions is in gathering evidence that could not be collected by general or other methods and actions or it would be disproportionately difficult. These actions are ordered by the Court (pre-trial judge), at the reasoned request of the acting prosecutor (upon the proposal of the police authority, or the police officer in charge of the investigation). Since special investigative actions have their weight in terms of violating the privacy (human rights) of the suspect, as well as other persons not related to the actions charged against the suspect, and communicate with him, the question of civil protection of the suspect and other persons, as a matter of possible abuse by the competent entities for the implementation of actions. This problem is topical, especially in recent times when there are more and more cases in which special investigative actions are applied and conducted. The paper will explain certain concepts and ask some questions regarding the control mechanisms and insufficient legal regulations that accompany the issue of application of special investigative actions from the aspect of protection of human rights and endangering security.

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