October 26th & 27th, 2006 Buenos Aires, Argentina SPECIAL MEETING OF THE WORKING GROUP ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION Consultation process October 26th & 27th, 2006 Buenos Aires, Argentina

Why? Why are we going to have a “Special Meeting of the OAS/REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition”? “…to consider how to order the work of REMJA related to the strengthening of mutual legal assistance and extradition in the Americas, recognizing as a source for the discussion the recommendations of the Second Meeting of Central Authorities and Other Experts on Criminal Matters and Extradition…”

When the Working Group was first created, it was given a mandate to strengthen mutual legal assistance. It was, therefore, asked to create a network through which information could circulate. The original group has gradually become larger and begun dealing with more topics, and the experts have since asked that mutual legal assistance be adequately strengthened in the Americas. Through the Brazil Recommendations of September 2005, the Working Group’s more recent meeting in Trinidad in April 2006 and, more generally, the Plan of Action of the Summit of the Americas, experts and heads of State have expressed a desire to move forward with institutionalization, so that the strengthening of mutual legal assistance in the Americas will be permanently assured.

Since 2003, behind the scenes at the OAS, that is, in the missions and certain capitals, the popularity of the exchange network and the efficiency of the Working Group have prompted Canada to begin inviting more countries to participate in its work.

We have also realized that the training provided for experts by members or contractors acts as a catalyst.

The training also led us to consider including the Latin American public prosecutors in the mutual legal assistance forum…

…The initial discussions for this purpose began at a meeting of the Working Group at the Canadian mission (Minutes/Monday, September 8, 2003 at Washington, D.C.).

In September 2003, the coordinator and a contractor on behalf of the Working Group, made a presentation to the Permanent Council of the OAS for the first time (ibid).

In January 2004, the heads of state urged all countries to participate in the Working Group’s work on mutual legal assistance. They affirmed the following at the Nuevo Leon Special Summit: «Urge all countries to participate actively in the Network on Mutual Legal Assistance in Criminal Matters, which constitutes one of the concrete outcomes of the REMJAs. (NUEVO LEON, SPECIAL SUMMIT, Monterrey, Mexico, January 2004)» [1] [1] THIRTY-FIFTH REGULAR SESSION FORT LAUDERDALE, FLORIDA, UNITED STATES OF AMERICA June 5 – 7, 2005 OEA/Ser.P/XXXV-O.2/24 October 2005/Volume 1

On April 28 2004, during REMJA-V, it was recommended that the Working Group would support and coordinate the Second Meeting of Central Authorities and Other Experts on Mutual Legal Assistance [1] [1] Fifth Meeting of Ministers of Justice or Ministers or Attorneys General of the Americas April 2-30 2004 Washington, D.C. OEA/Ser./XXXIV. 5 REMJA-V/doc.7/04 rev. 4 30 April 2004

At a Working Group meeting on September 16th and 17th 2004, it was clear to the experts, that the REMJA-V recommendations gave the Working Group several new tasks to perform…

During the September 2004 meeting, the experts asked the coordinator, in consultation with Jean Michel Arrighi and the experts from the Americas, to present a report at the Working Group’s next meeting on what institutionalization of the Working Group would mean: «His Excellency Ambassador Paul Durand of the Canadian Permanent Mission to the OAS encouraged all experts present to continue the important task and work that the Group has been achieving in relation with the ‘III Summit of the Americas’ Plan of Action.» «The experts and the members of the missions congratulated Canada and the Canadian Department of Justice, as well as the original members of the Working Group, for their excellent contribution and for all the work completed since its establishment at REMJA-III in 2000.»

«They also stressed the need that the Group, which started as a pilot experience, be fully integrated and institutionalized to the OAS in order to assure its continuity while opening the possibility of all member States to become part of its work». «The Working Group Coordinator, Mr. Pierre-Gilles Bélanger, agreed to submit a project on the revitalization of the WG on MLA in consultation with other members of the WG and in collaboration with Dr. Jean Michel Arrighi and the Department for Legal Affairs and Services of the OAS, in order to the Fourth Summit of the Americas to consolidate the different areas of the project at hemispheric level». [1] [1] REMJA WORKING GROUP OF EXPERTS ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS, September 16-17, 2004, Washington, D.C.

On May 5th and 6th 2005, following numerous consultations, the coordinator presented a consolidated study at a meeting of the Working Group in Washington, expressing the following message: “The coordinator of the Working Group gave a presentation on an initiative called AmericaJus which is intended to build on the progress made so far to consolidate the structure and terms and conditions for enhanced hemispheric cooperation on mutual legal assistance and extradition. This concept has been well received. . . .”[1] ___________________________________________________ [1] Summary of the Working Group Meeting of May 5-6, 2005 in Washington OEA/Ser.K.XXXIV PENAL /doc.8/05 9 May 2005

The coordinator presented a concept that involved a permanent presence within the OAS to support experts in the countries, noting the importance of training, knowledge and liaison to catalyze mutual assistance in the Americas and safeguard our achievements, such as the communication tools (public and private websites, secure e‑mail, etc.).

The concept presented was called AmericaJus, and it also consolidated the topic of mutual legal assistance that had been spread among several different OAS groups and guaranteed that the OAS would deal with Mutual Legal Assistance as a High priority.

The Group was also asked to meet on a systematic and regular basis [1] [1] Summary of the Working Group Meeting of May 5-6, 2005 in Washington OEA/Ser.K.XXXIV PENAL /doc.8/05 9 May 2005

On June 7th, 2005, the OAS General Assembly (AG/RES On June 7th, 2005, the OAS General Assembly (AG/RES. 2068 (XXXV‑O/05) resolved: «To urge member states to participate actively in the REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition». «To consider participating in the Hemispheric Information Exchange Network for Mutual Legal Assistance in Criminal Matters and Extradition. Likewise, to request said Working Group to continue informing the Permanent Council on its work; and to instruct the Office of Inter-American Law and Programs to continue providing its support».

In Brazil, in September 2005, the experts recommended the following in this regard: «Acknowledging the vital role the ad hoc working groups have played in the preparation and support of the REMJA, we recommend the institutionalization of these groups and the process of cooperation through the REMJA, and we further recommend the creation of a permanent office within the Department of International Legal Affairs, dedicated to providing administrative assistance and fostering and strengthening mutual assistance in criminal matters and extradition among members States to promote better coordination, in conjunction with the other bodies of the Organization of American States (OAS) in the fight against crime, especially transnational organized crime».

During the Summit of the Americas in Mar Del Plata, the heads of state stated: «Strengthen the timely exchanges of information and the broadest possible mutual legal assistance in order to prevent, combat, and eliminate terrorism, prevent the International movement of terrorists and ensure their prosecution, and, as appropriate, their extradition in accordance with domestic laws and relevant treaties and conventions».

During the Working Group’s meeting in DC on November 9th 2005, Ambassador Eugenio Curia traced the history of the Group, stating the following: «Ambassador Curia clearly stated that the creation in the OAS of a group such as ‘AmericaJus’ is the only way to strengthen mutual legal assistance in criminal matters in the Hemisphere, and that member states and the OAS are going to have to bring this matter up seriously at REMJA and with Secretary General Insulza».

«On this point, Ambassador Curia suggested that a three-stage plan be prepared, and he emphasized that if this were not done, all the work accomplished so far would be lost, to the advantage of other organizations which had acted more proactively».

This three-stage plan consists of the following: 1. Drafting a paragraph based on the Mar del Plata Plan of Action and the Brasilia Recommendations, highlighting the importance of establishing a unit in charge of mutual assistance in criminal matters in the OAS, with a view to strengthening all the existing instruments, including the website, the secure e-mail system, the model law, extradition, best practices, and the like. 2. This paragraph should be taken up by the next meeting of the Working Group, tentatively to be held in Trinidad and Tobago in March 2006, so that it can then be presented formally to REMJA-VI; and 3. It would then be channelled to the 36th Regular Session of the OAS General Assembly, as part of the resolution adopting the recommendations made by REMJA.

Another mandate: At the Working Group’s largest meeting in Trinidad and Tobago in April 2006, the need for the Working Group was affirmed, as was the need to institutionalize the Working Group and work on mutual legal assistance in the Americas. To this end, several countries began drafting a document that is now posted on Groove [1] [1] REMJA WORKING GROUP OF EXPERTS ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION APRIL 5th & 6th 2006, PORT-OF-SPAIN, TRINIDAD, W.I.

The Permanent Council of the OAS Special Commission on Organized Crime and Cross border delinquency has stated on the 1st of March 2006 that the Working Group must develop solid relationships based on trust. The document presented by the Presidency in session at page 2, paragraph 2, section d) having taken as a reference the Palermo’s conference structure, stated that: « (d) To promote international cooperation by means of extradition, mutual legal assistance, sharing investigations, mechanisms of the OAS and other instruments and activities including bilateral agreements, recuperation and/or division of confiscated assets, technical assistance, dissemination of best practices, measures of strengthening trust, etc. »[1] [1] OEA/Ser. GCE/DOT-32/06 add. 1 rev. 12 marzo 2006, original español

Institutionalization The Plan of action of the Presidency of the Special Commission on Organized crime presented by the Permanent Council of the OAS has stated on the 1st of March 2006 that: «The institutionalization and adequate financing are essential for the expansion and permanency of the effort already developed. The CEDOT will maintain close contact with the REMJA, in order to continue the coordinated development for a better and more efficient mutual legal assistance in criminal matters»[1] «It is necessary that the General Secretariat of the OAS support the needs of the staff of the database networks presently working as well as The Working Group of Mutual Legal Assistance in criminal matters and extradition that requires more attention and personal support.»[2] [1] ibid [2] ibid

In conclusion, REMJA-VI instructed us that the experts have been able to come together and create a new network of experts in the Americas that is capable of strengthening mutual assistance in a useful, intelligent and strategic way. As well, we must institutionalize the mutual legal assistance in criminal matters and extradition as the mandate that we had received several times and build relationships among the Americas based on trust.

Where?

When?

Who will attend?