In today's digital world, securing electronic evidence from foreign jurisdictions and overseas service providers is crucial for tracking terrorist suspects, analyzing their communication, uncovering planned or committed crimes, and ultimately ensuring thorough investigations and enhancing border security.
Although mutual legal assistance (MLA) is the most commonly used approach for obtaining this type of evidence, the process is often complex and bureaucratic, resulting in significant delays in retrieving necessary information. The slow pace of this process is often in conflict with the swift nature of online and cross-border digital crime, where the Internet's lack of territorial boundaries adds complexity to this phenomenon.
To effectively address terrorism-related cases, there is a need to respond immediately, preserve data, and cooperate at the international level. Countries face numerous challenges in preparing accurate requests to foreign service providers, which can lead to a lack of response.
In response to these challenges, UNODC organized a national training seminar for Turkmenistan on procedures to request digital evidence from service providers located in foreign jurisdictions for terrorism-related investigations. The seminar was held in Ashgabat on September 11-12 2024 and gathered participants from Turkmenistan, as well international experts.
The seminar strengthened the capacities of national criminal justice officials to expeditiously obtain electronic evidence from foreign jurisdictions and overseas service providers, as well as to coordinate its use in enhancing border security and related investigations, prosecutions and adjudications.
During his opening remarks, UN Resident Coordinator in Turkmenistan, Dmitry Shlapachenko highlighted the fact that “terrorists and violent extremists are increasingly using information and communications technologies (ICT) to promote distorted narratives justifying violence, radicalize and recruit supporters, mobilize resources, and plan attacks, leaving traces of their activities that can become extremely valuable electronic evidence.”
Deputy Ambassador from the Federal Republic of Germany, Mr. Dirk Jakobi, acknowledged the close cooperation with UNODC “in Central Asia and in other regions when it comes to countering terrorism and fighting organized crime,” and expressed his gratitude for the organization's continued support in these efforts.
During the two-day seminar, participants emphasized the importance of digital evidence in combating terrorism and violent extremism. They highlighted the need for a clear legal framework for requesting information, obtaining information through MLA channels, and better understanding the challenges law enforcement agencies face in securing court orders to access subscriber data and content from social media platforms.
UNODC remains committed to supporting Member States in their efforts to enhance border security to combat terrorism through enhanced digital capabilities.
This seminar was made possible thanks to the support of the Federal Republic of Germany.