INTERNATIONAL LEGAL COOPERATION Legal and practical obstacles on

INTERNATIONAL LEGAL COOPERATION Legal and practical obstacles on the Western Balkan Zagreb, march 6 th 2013

The main treaties • The European convention of mutual assistance in criminal matters (and protocols) • The United Nations convention on transnational organized crime

The European convention on mutual assistance in criminal matters Obligation; Parties shall undertake promptly to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party.

Channels of communication • Ministry of Justice • Judicial authorities (Courts and Prosecution Services) • Interpol (urgent matters)

Means of communication • Any electronic or other means of communications provided. Underline: the requesting party will provide (eventually) written records. This means that requests can be sent by fax, by mail, but also that a request can be done orally (over the phone).

United Nations Convention against trans national organized crime Obligation: Each State Party shall designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.

Channels of communication • Central authority (to be determined in national declaration) • Diplomatic channels (to be determined in national declaration) • Interpol in urgent matters (to be determined in national declaration) • NOTE: NOT ALL BENEFICIARIES HAVE DECLARED YET WHICH IS THEIR CENTRAL AUTHORITY

Means of communication • Central authority (to be determined in national declaration) • Diplomatic channels (to be determined in national declaration) • Interpol in urgent matters (to be determined in national declaration)

The fight against organized crime • These treaties are the main instruments for European countries to send requests to the WB on organized crime. • The number of requests (incoming and outgoing) are steadily rising. • With the change to a prosecutorial investigations the majority of the requests will come from prosecutors • Both treaties offer the possibility of quick and efficient legal cooperation. • In urgent matters even a phone call can be sufficient.

MLA in practice in the region (1) • Most beneficiaries have more than one institution dealing with international legal (MLA) requests; • A number of MLA requests are handled by more than one institution, which leads to discussions and delays; • In most beneficiaries there is no central (electronic) registration of MLA requests; • There is a lack of communication between the institutions dealing with MLA requests;

In practice (2) • Communications are hindered by the language barrier/ lack of language skills; • There is no 24/7 coverage (incoming or outgoing) for urgent matters; • In most beneficiaries there is no direct link between the police and institutions dealing with MLA. • For requesting countries it is very difficult to find out what has happened to their requests;

Towards a solution (1) Short term: • Cooperation and communication between the different institutions involved in MLA • Central registration of incoming and outgoing requests • Improvement on technical support (registration and channels of communication) • Improvement of language skills for persons dealing with MLA • Connection to European Judicial Network for urgent matters

Towards a solution (2) Long term A centralized and unified organization of MLA: • More efficiency (translations, follow up etc) • More insight in numbers (statistics) • A concentration of skills and technical support • Accessibility for requesting states

CENTRAL ROLE FOR PROSECUTOR Prosecutor in charge of MLA in criminal matters: 1. Because of the prosecutorial investigation, most requests will be between prosecutor’s offices; 2. Direct link prosecutor with police and courts; 3. Prosecutors are used to be available 24/7; 4. Prosecutor’s offices cover the whole country;

What will be the role of the Mo. J ? • Mo. J will remain in charge of extraditions, because this is the principle responsibility of the Minister of Justice • Mo. J will remain in charge of civil MLA requests, because of the involvement of other state bodies • The Moj will also use a central registration system and improve means of communication

Activities within the project supporting the improvement of MLA • An inventory of the organization of MLA in each beneficiary • An inventory on the technical support (including registration) on MLA in each beneficiary • A review of the MLA legislation in the beneficiaries, on legal obstacles and reform (including conformity with treaties ) • A report with recommendations on these three aspects on each beneficiary

THE DUTCH MODEL • Prosecution service is the main body for MLA. • Use of central registration system for incoming and outgoing requests(LURIS), • Luris is accessible for prosecutors, Mo. J and dedicated police units. • Centers for legal cooperation, dealing with all incoming requests. • Police takes part in these centers. • 24/7 coverage. • Use of translators on contract basis. • Use of EJN (Compendium) for creating requests

THANK YOU