International Cooperation in Law enforcement: - PowerPoint Presentation

Slide1

International Cooperation in Law enforcement:Mutual Legal Assistance

TAIEX

T

raining Workshop

Ankara

, 21-24 May, 2012

Jaganathan

SARAVANASAMY

Assistant

Director

-ACO

INTERPOL

j.saravanasamy@interpol.intSlide2

International CooperationSlide3

International Cooperation

At what stage and for what purpose?

To gather general information

To verify a suspicion ( Intelligence investigation)

To establish a

prima facie

case ( Int. investigation)

To disrupt Criminal Activity( Intelligence investigation)

To prove an indictment ( Criminal investigation)Slide4

International Cooperation-Strategic

Diplomatic Efforts

Operational Coordination through Law Enforcement

Inter-Governmental Efforts

Multi l-lateral initiatives-International institutions like INTERPOL, WB, UNSlide5

International Cooperation-Tactical

Proactive intelligence sharing

Law enforcement and Investigation

Administrative blocking of funds

Designations and sanctions

Simplifying procedure for MLA

Cooperation in border control

Professional development trainingSlide6

What needs to be exchanged?Personal data/non personal data Sensitive/non sensitiveCoercion

used or publicly-available

information

Information

on

modus

operendi

,

routes, methods, trendsSlide7

Accessing Information in Foreign JurisdictionsThree methods of accessing information:Informal - agency to agency

Letters

R

ogatory

(commissioned evidence)

Administrative requestSlide8

Pre-requisits for MLAEnabling legislationFacilitating treatyAdministrative mechanisms

Central authority

Executing agencySlide9

Usual conditions that must be fulfilledDual criminality - The act must be punishable as a criminal offence in the requested state.

Reciprocity

- The requesting state must guarantee a favorable response to requested state should a future need arise.

Confidentiality

Specificity

Slide10

MLA includesTaking evidence or statements from personsExecuting searches and seizuresExamining objects and sitesProviding information and evidentiary

items

Providing originals or certified copies of relevant documents and

recordsincluding

bank, financial, corporate or business recordsSlide11

 Requests for MLA shall includeName and authority conducting investigation or court

P

urpose

of the request and a brief description of the assistance

sought

D

escription

of the facts

constituting

the

offence

T

ext

of the relevant laws

,

The name and address of the person to be served

Slide12

Requests for MLA shall includeThe reasons for and details of any particular procedure or requirement Specification of any time-limit

Such other information as is necessary for the proper execution of

the request

.Slide13

Assistance may be refused ifThe requested State it would prejudice its sovereignty, security, public orderThe offence is regarded as of

a political

nature

Believed as on account

race

, sex, religion, nationality, ethnic origin or political

opinions

The act

is an offence under military law

,

not an

offence

under ordinary

criminal lawSlide14

Assistance during investigationsSpontaneous sharing of information

without the need for request

Controlled delivery, covert investigations

Tracing and freezing of property

Taking testimony, evidence or statements from persons

Slide15

Restraint and confiscation The exchange of information from judicial recordsProviding information and evidentiary items i.e. documents, records Locating or identifying persons

Serving documents

Transferring persons in custody to give testimony by consent

Providing originals or certified copies of relevant documents

Assistance during proceedingsSlide16

Check list for preparing LRIdentificationPrior contactAcknowledgement for the requestIndication of urgency and/or time limit

Indication of urgency and/or time

limit

Legal basis for the

request

Confidentiality

LanguageSlide17

Check list for preparing LRSummary of the relevant factsDescription of the offence and applicable penaltyDescription of the evidence/assistance requestedClear link between proceeding(s) and evidence/assistance soughtDescription of the proceduresPresence of officials from the Requesting State in execution of requestSlide18

Check list for preparing LRIn case of a request for search and seizure:Description of possible location of the

documents or items to

be seized including,

the relevant time periods

G

rounds

to believe that the documentation or thing sought is located at

that place

G

rounds

to believe that the documentation or thing will afford

evidence;

Any known information about third parties who may have rights in the propertySlide19

Check list for preparing LRIn case of a request for the production of documents: Since a court order would be required,

as

specific a description

as possible

of the

documents

An

identification of the location and/or custodian of the required documents

In

cases

of

computer records,

means

of preservation may be required, e.g. special preservation order, Slide20

Check list for preparing LRIn case of documents:whether a certified copy of the documents will suffice and if not, the reasonwhy the original documents are required

If certification or authentication is required, specify the form of certification/authentication,

using an attached

pro-forma certificate Slide21

Check list for preparing LRIn case of a request for a statement:The identity and location of the person

T

he

manner in which

evidence to

be taken (e.g.

under oath/cautions

to be

administered: verbal/verbatim/videotaped

W

hether the

Requesting State’s authorities wish to participate

and why

T

opics

to be covered and

specific questions

to be

asked

P

oint

of

contact,

should consultation

by telephone

become necessary Slide22

Check list for preparing LRIn case of a request for temporary transfer of prisoners to give testimony: An explanation as to how the prisoner is able to assist in the investigation

An

indication as to whether the prisoner has consented to travel

An

assurance that the prisoner will be returned

when his/her assistance

is no longer required Slide23

Check list for preparing LRAn assurance that the prisoner will not be detained, prosecuted or punished in the for any offence committed prior to his/her attendance in the Requesting State An assurance that the prisoner will be returned without

the need for

extradition

An assurance to follow any

other relevant pre-conditionsSlide24

Check list for preparing LRIn the case of a request for pre-judgment seizure/freezing, or for post-judgment confiscation: Determine the specific procedural and substantive requirements of the Requested State’s law Check whether the Requested State can directly enforce orders of the Requesting

StateSlide25

Check list for preparing LRIn the case of property:Whether a criminal conviction is required Whether the

Requested State to obtain its own freezing/seizure order

Whether

a

connection between the property

and the

offence, or between the property and

the person is to be provedSlide26

Check list for preparing LRIf the Requested State can directly enforce an order of the Requesting State:copy of the ordera description of the proceedings in the Requesting State that

resulted in

the issue of the order, the parties involved, and an assurance that the order is finalSlide27

Considerations all methodsMust address issue of meeting standard of evidence for entry into court system

Start with informal contact before making formal request.

Consider human rights record of state that you are dealing withSlide28

Bringing the evidence to where its requiredThe last and costly solution is to bring the evidence and witnesses from where it or they are located to the place where the trial will occur. Special visas may be needed.

Consider technology and new laws to facilitate taking of evidence by video link

.

Overcoming the problemsSlide29

ExtraditionDelivery of a personby authorities of the State where he/she is found to the judicial authorities of another State where he/she is wanted

for purpose of prosecution or enforcement of a punishmentSlide30

Basis for extraditionbilateral or multilateral treaty or conventionad hoc agreement, reciprocity or comity – usually

supported by

domestic legislation

Historically and in reality,

extradition

has been based

on pacts, courtesy or goodwill

between heads

of sovereign States.Slide31

Best practices in ExtraditionInternational convention listing categories of extraditable offencesProvision for consent surrenderRestrict offences qualifying as politicalOffencesRelax extradition of nationalsProhibitions

Simplify judicial review and

appeals processesSlide32

Best practices in ExtraditionMake greater use of INTERPOL to locate personsImprove the Transmission Speed of Extradition request

Consider enforcement of foreign

sentences

where extradition refusedSlide33

Thank you!Jaganathan SARAVANASAMYj.saravanasamy@interpol.int