The Challenge of Effective Judicial Cooperation presentation by CTED GENERAL LEGAL ISSUES GROUP, INCLUDING LEGISLATION, EXTRADITION, AND MUTUAL LEGAL ASSISTANCE

Specific challenges Enabling Legislation Instruments for cooperation Know-how Technical and human resources Priorities

Specific challenges (Cont. ) Monitoring Differences in legal systems Political difficulties Human rights guarantees

Monitoring implementation “Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings…”(resolution 1373). “…the requested Party shall make every effort to comply with the request” (COE MLA second additional protocol) “Countries should rapidly, constructively and effectively provide the widest possible range of mutual legal assistance” (FATF Rec.)

CTED’s role in Promoting Judicial Cooperation Identify needs Promote ratification and implementation of CT and MLA instruments. Build states capacity to effectively cooperate with each other. Promote international cooperation.

CTED’s role in Promoting Judicial Cooperation Promoting international best practices and tools Regional best practices Providing a regional and global analysis Protection of human rights

Judicial and prosecutorial networks Improve co-operation between Competent Authorities in Member States Bring better co-ordination of cross-border investigations and prosecutions Exchange information expeditiously Build bridges between different legal systems

Best practices – Judicial networks International association of prosecutors G8: 24/7 EUROJUST and the European judicial network IBERO-American prosecutors network (IBER-RED) OAS: The Hemispheric Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition COE conference of prosecutors generals