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Special Investigative Techniques as Sources of Admissible Evidence in Somalia (Lex Lata and Lex Ferenda)
Abstract
This paper explores special investigative techniques as sources of admissible evidence, especially in complex criminal proceedings. Nowadays, such techniques produce admissible evidence in many countries under their national laws. Their laws provide for the conversion of information acquired by special investigative techniques into documentary evidence admissible in court. Thus, contemporary law
introduced a new investigative means of obtaining admissible evidence and laid the foundations of its subsequent transfer across the border with preserved admissibility in the receiving country. Now in Somalia, only Articles 11–13 of the Puntland Anti-piracy Law regulate the deployment of special investigative techniques as sources of admissible evidence.
However, the entire country needs such a legal framework, especially for the collection of admissible evidence of organized crime (including piracy) acts, terrorism, corruption and other major crime.
This paper aims at assisting the legislative efforts of Somali authorities in the creation of an efficient legal framework for special investigative techniques, which also guarantees the rights of the persons involved.
Keywords:
Somali law, admissible evidence, criminal proceedings, Mogadishu University, ISOS,