Regional conference in Vilnius stresses the crucial need for effective international judicial cooperation in terrorism-related cases

BMUSONI — Thu, 27 Nov 2014 19:11:00 +0000

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Building Effective Central Authorities for International Judicial Cooperation in Terrorism Cases, a regional conference run by the Organization of Security and Cooperation in Europe (OSCE), with substantive expert support of the Counter-Terrorism Committee Executive Directorate (CTED) and the Terrorism Prevention Branch of the United Nations Office of Drugs and Crime (UNODC/TPB), was held in Vilnius (Lithuania) on 25-27 November 2014.

The transnational nature of terrorism, like all transnational organized crime, poses serious challenges for national justice systems. Creating effective central authorities to channel international cooperation in criminal matters is an essential element of the efforts made by States to bring terrorists to justice in an effective and timely manner. The ability to promptly request and provide extradition and mutual legal assistance (MLA) in criminal matters is particularly important in terrorism cases.

Practitioners from 12 countries (Eastern and Central Europe, Caucasus, and Turkey), experts from international and regional organizations, as well as guest experts from Belgium, Israel, and Switzerland, took part in the event. All countries covered by the conference have designated at least one central authority responsible for handling MLA and extradition requests. In most cases, the central authority is the Ministry of Justice, or the Office of the Prosecutor General. In some circumstances, the Ministry of Foreign Affairs is also involved in the proceedings. Most countries have more than one central authority competent depending on whether the request is made at the investigative / pre-trial stage or when the case is already before a court or a judgement has been rendered. Some but not all States have different central authorities for MLA and extradition requests, respectively. In addition, in some States, the procedures require an intermediary department, which receives and then forwards the requests to the executing agency.

Having discussed various challenges and good practices encountered in the context of regional and external cooperation in criminal matters, and in particular terrorism related cases, the representatives of national delegations suggested a number of recommendations and ways to improve their existing mechanisms. These included the creation and use of informal networks and bilateral discussions prior to sending formal requests; increasing the number of bilateral and multilateral agreements; adhering to flexible approaches; the use of follow-up procedures; making guidance and standard forms available to foreign counter-parts in several languages. INTERPOL presented information about new tools being developed to facilitate and speed up the transmission of MLA and extradition requests. Specifically with regards terrorism cases, participants discussed challenges related to MLA and extradition requests involving refugees and the cooperation in countering and preventing the foreign terrorist fighters phenomenon.

This regional conference was the third meeting to be organized within the framework of a global three-year joint project of the UNODC/TPB and CTED on building effective central authorities for international judicial cooperation in terrorism cases. Security Council resolution 1373 (2001) and subsequent resolutions, including resolution 2178 (2014), require that States afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the perpetration, financing, or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, and investigations or proceedings involving foreign terrorist fighters.

More information about the workshop is available at here

Front Page Article:

Security Council - Counter-Terrorism Committee (CTC) - MLA

Regional conference in Vilnius stresses the crucial need for effective international judicial cooperation in terrorism-related cases

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