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International Cooperation in Criminal Matters Extradition and Mutual Legal Assistance in Transnational Investigations.

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Presentation on theme: "International Cooperation in Criminal Matters Extradition and Mutual Legal Assistance in Transnational Investigations."— Presentation transcript:

1 International Cooperation in Criminal Matters Extradition and Mutual Legal Assistance in Transnational Investigations

2 The Department of International Affairs in the Office of the State Attorney – Ministry of Justice ► Legal assistance ► Extradition ► Transfer of sentenced persons ► Child abduction pursuant to the Hague convention on the civil aspects of international child abduction

3 What are the legal tools that form the basis of International Cooperation? Bilateral mutual legal assistance/extradition mechanisms. Multilateral subject-matter conventions ► European Convention on Extradition (50 countries party, among them 3 non-members of the Council of Europe –S. Korea, S. Africa and Israel) ► European Convention on Mutual Legal Assistance in Criminal Matters (49 countries party, among them 5 non-members of the Council of Europe – Brazil, Chile, S. Korea, S. Africa and Israel) ► UN Convention Against Transnational Organized Crime (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime ► United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 ► United Nations Convention against Corruption

4 What are the legal tools that form the basis of International Cooperation? Ad-Hoc Cooperation Israel's legal assistance law of 1998 permits assistance in both the investigative and judicial phases of a case and permits all lawful actions relating to the investigation or prosecution of offences if the crime had occurred in Israel Police-to-Police channels Fast response times, efficient transfer of information – however, inadmissible as evidence in eventual criminal proceedings.

5 What are some obstacles faced in the pursuit of international cooperation? Recent Israeli cases: Medicus Clinic, Pristina - Cooperation with EULEX rule of law mission in Kosovo, June 2012: http://www.aljazeera.com/news/europe/2013/04/2013429152858127627.html - 5 full days of video conference testimony – 23 witnesses summoned, 22 provided VC testimony. - Domestic investigations in Israel and Turkey - Israeli recipients as well as donors

6 Mutual Legal Assistance  domestic investigation (Israel)

7 Mutual Legal Assistance  domestic investigation (Turkey)

8 Using Extradition and MLA in domestic proceedings ► Recent convictions in Israel in a large-scale prostitution ring ► Challenges and efficacy – joint investigations ► Videoconference – is it really so easy?

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10 Use of Videoconference in Criminal Proceedings Explanatory report - 2nd Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters 6. The purpose of this Protocol is to reinforce the ability of member States, as well as partner States, adequately to respond to crime. ” This purpose is intended to be reached by improving and 6. The purpose of this Protocol is to reinforce the ability of member States, as well as partner States, adequately to respond to crime. ” This purpose is intended to be reached by improving and supplementing the European Convention on Mutual Assistance in Criminal Matters done at Strasbourg on 20 April 1959, (henceforth "the Convention") as well as the Additional Protocol thereto, done at Strasbourg on 17 March 1978 (henceforth Protocol 1). [At the same time, it takes into consideration the need to protect individual rights within the processing of personal data.] 7. That purpose is achieved by way of modernising the existing provisions governing mutual assistance, extending the range of circumstances in which mutual assistance may be requested, facilitating assistance and making it quicker and more flexible. 8. It takes due account of political and social developments in Europe and technological changes worldwide.

11 Thank you!


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