Transnational inquiries and the protection of human rights in the case-law of the European Court of Human Rights

This chapter examines the existing approach taken by the European Court of Human Rights in relation to problems arising from transborder inquiries. It argues that the rights of defendants are particularly vulnerable in connection with such inquiries, and may often slip through the jurisdictional cracks between nations. The chapter examines the Court’s caselaw in a number of areas relevant to international investigation; notably the transfer of witness evidence, the foreign provision of information and DNA evidence, the time taken by inquiries, the recognition of foreign judgements and extradition. It is suggested that this caselaw cannot provide an adequate and comprehensive basis for the protection of rights in transborder inquiries, particularly during a period in which new investigatory methodologies, such as the European Investigation Warrant or common access to DNA databases, are proliferating.