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Sports Investigations Law and the ECHR: Collection, Use and Exchange of Intelligence

Sports Investigations Law and the ECHR: Collection, Use and Exchange of Intelligence

Author: Björn Hessert
Publisher: Routledge
ISBN: 9781032374963
Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

A. Acknowledgements

B. Abbreviations

C. Introductory comments

D. Analytical framework: the European Convention on Human Rights

I. Self-commitment

II. The protection of human rights in sports-related disputes

1. The positive obligations of the Signatories to the ECHR

2. The compulsive nature of sports regulations and its legal effects

3. Interim conclusion

III. Establishing legal fairness in sporting matters - The principle of proportionality

1. Suitability and necessity

2. Proportionality in a narrow sense

IV. Interim conclusion

E. The gathering of intelligence and evidence in sports investigations

I. Threshold for the commencement of sports investigations

II. Coercive measures in sports investigations

1. Interrogations and the disclosure of personal information and documentary evidence

2. The surveillance of communications

3. Video surveillance and photographs

4. Search and seizure

5. Polygraph test

6. Final considerations: Legitimacy through independent sports integrity bodies

F. Use of information obtained in internal sports investigations

I. The admissibility of illegally obtained information

II. The use of legally obtained inadvertent discovery

1. Admissibility of inadvertent discovery information

2. Erasure of information not covered by the investigative power

III. Intelligence obtained from third parties

G. Exchange of information

I. The exchange of information between sports organisations and law enforcement

1. The confidentiality of gathered information

2. Case study: Transfer of information in accordance with the GDPR

3. Reasonableness and proportionality of data exchange

II. Exchange between sports organisations

III. Exchange between sports associations and other third parties

IV. Interim conclusion: Exchange of intelligence

H. Conclusion

Bibliography

Table of cases

I. ECtHR

II. Switzerland

III. Germany

IV. United States of America

V. United Kingdom

VI. Australia

VII. Canada

VIII. India

IX. European Court of Justice

X. Court of Arbitration for Sport

XI. Basketball Arbitral Tribunal

XII. Association Tribunals

Others

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