The Challenge of Effective The Challenge of Effective Judicial CooperationJudicial Cooperation

presentation bypresentation byCTED GENERAL LEGAL ISSUES CTED GENERAL LEGAL ISSUES

GROUP, INCLUDING LEGISLATION, GROUP, INCLUDING LEGISLATION, EXTRADITION, AND MUTUAL LEGAL EXTRADITION, AND MUTUAL LEGAL

ASSISTANCEASSISTANCE

Specific challenges Specific challenges

• Enabling LegislationEnabling Legislation

• Instruments for cooperationInstruments for cooperation

• Know-howKnow-how

• Technical and human resourcesTechnical and human resources

• PrioritiesPriorities

Specific challenges (Cont. )Specific challenges (Cont. )

• Monitoring Monitoring

• Differences in legal systems Differences in legal systems

• Political difficultiesPolitical difficulties

• Human rights guaranteesHuman rights guarantees

Monitoring implementation Monitoring implementation

• ““Afford one another the Afford one another the greatest greatest measure of assistancemeasure of assistance in connection in connection with criminal investigations or criminal with criminal investigations or criminal proceedings…”(resolution 1373). proceedings…”(resolution 1373).

• “…“…the requested Party the requested Party shall make every shall make every efforteffort to comply with the request” (COE MLA to comply with the request” (COE MLA second additional protocol)second additional protocol)

• ““Countries should rapidly, Countries should rapidly, constructively constructively and effectivelyand effectively provide the widest possible provide the widest possible range of mutual legal assistance” (FATF Rec.)range of mutual legal assistance” (FATF Rec.)

CTED’s role in Promoting Judicial CTED’s role in Promoting Judicial Cooperation Cooperation

• Identify needsIdentify needs

• Promote ratification and Promote ratification and implementation of CT and MLA implementation of CT and MLA instruments.instruments.

• Build states capacity to effectively Build states capacity to effectively cooperate with each other. cooperate with each other.

• Promote international cooperation.Promote international cooperation.

CTED’s role in Promoting Judicial CTED’s role in Promoting Judicial Cooperation Cooperation

• Promoting international best Promoting international best practices and toolspractices and tools

• Regional best practicesRegional best practices

• Providing a regional and global Providing a regional and global analysisanalysis

• Protection of human rightsProtection of human rights

Judicial and prosecutorial Judicial and prosecutorial networksnetworks

• Improve Improve co-operationco-operation between between Competent Authorities in Member Competent Authorities in Member StatesStates

• Bring better Bring better co-ordinationco-ordination of cross- of cross-border investigations and border investigations and prosecutionsprosecutions

• Exchange informationExchange information expeditiously expeditiously

• Build bridgesBuild bridges between different legal between different legal systemssystems

Best practices – Judicial Best practices – Judicial networks networks

• International association of prosecutorsInternational association of prosecutors• G8: 24/7G8: 24/7• EUROJUST EUROJUST and the and the European judicial European judicial

networknetwork• IBERO-American prosecutors network (IBER-IBERO-American prosecutors network (IBER-

RED)RED)• OAS: The Hemispheric Information OAS: The Hemispheric Information

Exchange Network for Mutual Assistance in Exchange Network for Mutual Assistance in Criminal Matters and ExtraditionCriminal Matters and Extradition

• COE conference of prosecutors generalsCOE conference of prosecutors generals