It is standard procedure that a Dutch surveillance team take over at the border from a foreign surveillance team, when the subject enters Dutch soil. A foreign police officer can join the Dutch surveillance team if the foreign state requests this.
a) Possible subject of observation/surveillance (suspect only, or also other persons):
Suspects and other persons of interest to the investigation, for instance: co travelers, members of the criminal organization etc.
The monitoring/ tracking device cannot be physically placed on the surveilled person, unless he or she has given permission for that.
b) Conditions under which it is possible to order the measure based on a request of foreign authority:
Cross-border surveillance by law enforcement of a person by means of a beeper/ tracker/ GPS as part of a criminal investigation and continuing that surveillance into a third (party) country. Cross-border surveillance is only permitted in relation to a suspected crime and at the order of the public prosecutor in the Netherlands.
The measure can only be applied when there is a suspicion of serious offences in which the suspect can undergo pretrial detention. Generally speaking this means all serious offences with a four year or more prison sentence.
The measure must be in the interest of the investigation; A specific person (i.e. not only the suspect) The measure is not applicable to objects such as containers (it is possible to ask for the measure for a unknown person, and then connect it to the object).
c) Competent authority to request the measure abroad: The public prosecutor.
d) Conditions of admissibility of outcomes of this measure as evidence in your country as requesting state:
The measure has to be admissible in the requested state. In case of an article 40 request has to be formalized by a Request for International Legal Assistance
e) If the technical device tracking the person can also make an audio/video recording, please clarify, whether your law stipulates a different procedure than indicated above Recording of a confidential communication by means of technical equipment constitutes intrusive and covert surveillance. This coercive measure requires prior permission from a investigating judge and cannot be requested retrospectively. It can only be requested through EIO. In case of emergency the National prosecutor can contact an investigating judge with an oral request 24/7. An Annex C form does not apply.
Approval for surveillance through a tracker can be obtained retrospectively, however, as soon as it becomes known to the issuing/ requesting state an MLAT needs to send to the National Coordinating Centre for International Legal Assistance containing the reasons for the delayed request as well as the details of the tracked object and date and place.
Contact 1
Name: National Coordinating Centre for International Legal Assistance (LIRC) (available from Monday to Friday from 8.00 – 17.00)
E-mail: LIRC-LP@politie.nl
Phone number: +31 88 662 9450
Contact 2
Name: Cross-border Surveillance Coordination Centre (LCGO - law enforcement) (24/7 available)
E-mail: LCGO@politie.nl
Phone number: +31 88 662 9417
Both the public prosecutor and the investigating judge are available 24/7 in case of extreme urgency. You can reach the public prosecutor through LCGO.