Privacy and Evidentiary Inference in Terrorism Crimes
Professor of criminal law at Naïf Arab University for security sciences – Riyadh
Dr. Mohamed Bouzouitina
Assistant Professor of criminal law,Naif Arab Universty for Security Sciences.
Abstract
The work explores in-depth the characteristics of evidential processes and inferences in acts of terrorism, giving special priority to the essential link connecting privacy protection and evidential integrity. Based on the qualitative paradigm with descriptive-analytical methodology employed in comparative legal studies, the present study examines the judicial application and interpretation of statutory laws in specifically indicated Arab and European countries, such as Saudi Arabia, Egypt, Tunisia, and France. The empirical data reveal special discrepancies in detention terms, judicial powers of police, and applicable statutory formulation of key terms of certainty and looming danger. The unsystematic nature of policies in respect to surveillance, arrest, and terms of travel ban restrictions has led to discrepancies in judicial application, possibly to concessions to individual freedoms. Nevertheless, special emphasis has been presented in the study on the fact that custom-made laws can ensure efficient counterterrorism intervention operationally by ensuring higher efficiency in operation, adopting special procedure modes, and harmonizing post-operational arrangements. The laws can easily be defined with ambiguous provisions with special potentials for abuse of power on the part of the executive in connection with judicial application and application constraints in defining preventive action terms in counterterrorism intervention operations.