templehedron wrote:
The Reasoning is Simple:
1/ The European Convention on Human Rights guarantees a Right to Privacy.
2/ Tapping phones is breaking that right.
3/ Breaking that right requires legal permission to do so, with justification that would stand up to challenge under the ECHR.
4/ No prior permission was sought
5/ If courts allowed post-call seeking of legal permission it would essentially legalise all phone tapping in contravention of the ECHR.
6/ So no post-call permissions are possible and any such evidence is inadmissible.
It is only by having strict rules like this that we avoid living in a police state.
newperson well i guess that safeguards citizens and that is good
what do you make of this report ? do we know for a fact the PJ did not get permission for ANY tapping? who did the British get permission off to tap the phones in the UK??
ive heard a Portugese lawyer saying on camera that bugging is legal if they get a permission of a judge but that the prison term must be for more than 3 years
-----------------------------------------
8 Aug, 2007, 8:20 »
--------------------------------------------------------------------------------
Diário de Noícias, 8 August 2007:
"Wiretaps confirm Madeleine's death"
New searches on land and at sea over the past two days
The interception of communications -- telephones (cell and land lines) and emails -- realized during the recent operations undertaken by the PJ and the British police of Madeleine's parents and the "nuclear family" has been the determining factor for the investigators to conclude that the British child died in the apartment in which she was sleeping, with her siblings, on the night of 3 May in Praia da Luz. 
Free Forum Hosting
Important Announcement
Prev Message
