UNMIK/PR/708
Pristina - SRSG Michael Steiner has signed Regulation 2002/6 on Covert and Technical Measures of Surveillance and Investigation, which is intended to strengthen efforts to combat organized and other serious crime in Kosovo.
The regulation enables law enforcement authorities to use a range of technical surveillance measures, including:
- Interception of telecommunications, including so-called "roving wiretaps"
- Searches of postal items
- Covert photography and video surveillance in private locations
- Use of tracking and positioning devices
- Covert monitoring of conversations
- Interception of communications through computer networks
- Undercover investigations
- Metering of telephone calls
- Disclosure of financial data
A measure authorized under the regulation may only be implemented if it is ordered by a public prosecutor or an investigating judge.
The more intrusive measures require authorization by an investigating judge and may only be used in cases involving serious criminal offences.
In emergency situations, a public prosecutor may issue a provisional order. However, the order will cease to have effect if it is not confirmed by an investigating judge within three days.
The regulation requires law enforcement authorities implementing these measures to maintain records of their actions and to submit a report every 15 days to the judge or prosecutor who issued the order.
Under the regulation, an investigating judge must issue a decision regarding the lawfulness of each order and its implementation.
Any party to criminal proceedings may appeal such a decision to a Surveillance and Investigation Review Panel.
This panel consists of three international judges and is empowered to review complaints and order compensation for individuals who have been subjected to orders that were unlawfully issued or implemented.
Each person who is the subject of an order under the regulation must be notified that they were the subject of surveillance, unless such notification would jeopardize an ongoing investigation or compromise the life or safety of an injured party, witness, informant, or their family members.
Any evidence lawfully obtained under the regulation may be used as the basis for a judicial decision. This is intended to facilitate the administration of justice in cases involving serious criminal offences.
The regulation will remain in force for an initial period of one year, after which it will be reviewed.
The regulation has been drafted to conform to international human rights standards and to provide significant safeguards for individuals who are subject to surveillance orders issued under its provisions.
