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Wednesday, September 06, 2006

Dutch high court approves use of intelligence evidence in terror prosecutions
James M Yoch Jr at 3:47 PM ET

[JURIST] The highest court in the Netherlands, the Hoge Raad der Nederlanden [official website, in Dutch; Wikipedia backgrounder], on Tuesday affirmed the use of intelligence information in terror prosecutions by sustaining the convictions of three defendants charged with terrorist activity. The court also said that intelligence information could be used as a basis for an investigation, search and arrest. Although such evidence is generally admissible, judges are empowered to make case-by-case rulings on admissibility, accounting for verification of the evidence and following European human rights law.

The three were originally acquitted in 2002 because the intelligence information was ruled inadmissible due to questions of improper acquisition by intelligence authorities. Reuters has more.






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