‘The More Secretively You Go About It, the More Distrust You Create’: Defence Perspectives on Joint Investigation Teams

Abstract

Joint Investigation Teams (JITs) are a judicial cooperation instrument designed to facilitate effective cross-border investigations. While their use has grown over the last two decades, little attention has been paid to the potential implications of their use for the defence. This article empirically assesses defence perspectives on JITs through the lens of accountability for investigative actions, which is operationalised by defence rights—such as the right to information and the right to an effective remedy—and is simultaneously limited by the principle of mutual trust. The article draws from interviews with six defence lawyers, who shared their experiences with, and perspectives on, the use of JITs. This research shows that in defending JIT cases, lawyers face challenges concerning transparency, access to information, equality of arms, effective judicial protection, and the right to an effective remedy. The findings indicate a potential need for a strengthened accountability framework for JITs.