RECOMMENDATIONS FOR THE INSTITUTIONALIZATION OF THE ACTIVITIES OF THE REMJA WORKING GROUP ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION

I. Introduction Pursuant to the conclusions of REMJA VI, the Working Group on Mutual Legal Assistance in Criminal Matters and Extradition was to hold an Extraordinary Meeting to consider how the work of REMJA on these matters should be organized. It would report its results to the sooner of the Technical Meeting (Troika) or REMJA-VII. The Working Group on Mutual Legal Assistance in Criminal Matters and Extradition has scheduled a meeting, to be held in Montreal, Canada, in order to comply with the mandate issued by REMJA-VI and be informed of any other matters within its remit.

II. Justification Our countries must endeavor to provide an appropriate means of fostering an atmosphere of trust and cooperation to provide a better and more effective administration of justice. The foundations and cornerstones of this cooperation are mutual trust, credibility and integrity. Organized crime and other illicit activities are now rampant in our countries. Access to new technologies makes it easy for criminals to circumvent our legal systems, which is why it is necessary to strengthen mechanisms to provide mutual legal assistance in criminal matters and extradition; and what better way to achieve this than through the institutionalization of international judicial cooperation within the framework of the OAS, so that the scourges of transnational crime in the hemisphere can be countered more effectively. III. Objective In order to achieve the common objective of institutionalization, having taken into account REMJA VI’s mandate, and after months of consultation, all the Member States of the REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition propose that the OAS General Secretariat, through the appropriate departments, continue to provide assistance to the Working Group on a permanent basis.

The Working Group intends to continue to build good relations among all the States of the Hemisphere, consolidating the atmosphere of trust and cooperation the continent needs. Hence we consider that the institutionalization of the Working Group’s activities will prove to be another significant step in our ongoing fight against international crime, The aspects proposed for the institutionalization of the work of the Working Group are described below. Functions of the Working Group In order to institutionalize the Group’s work, the scope of its activities must be specified. Therefore the functions of the REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition are as follows: 1.Implement the work on mutual legal assistance in criminal matters and extradition commissioned by the Meetings of Ministers of Justice and/or the authorities designated for that purpose; 2.Facilitate the exchange of information among the members of the Working Group in order to improve cooperation mechanisms on mutual legal assistance in criminal matters and extradition;

3.Propose cooperation initiatives, to be considered by REMJA or the authorities designated by it, in order to strengthen mutual legal assistance in criminal matters and extradition in the continent; 4.Promote and facilitate among its members, the exchange of information on best practices in the field of mutual legal assistance in criminal matters and extradition; 5.Promote the exchange of information and cooperation with non-member countries of the OAS, and other entities and mechanisms working in the area of mutual legal assistance in criminal matters and extradition; 6.Any other function commissioned by REMJA and/or the authorities designated by it for that purpose.

Meetings of the Working Group With a view to ensuring the feasibility of institutionalizing the work of the Working Group, it is proposed that the process for holding meetings of the Group be undertaken as follows: The Working Group will normally meet twice a year, pursuant to the mandate given to it by REMJA or the authority designated by it for that purpose. This mandate shall take into account any suggestions made by the Group on the matter; The organization of the meetings of the Group shall comply with all the current mechanisms applicable under the Inter-American system: 1. Resolution of the OAS General Assembly that adopts the Conclusions and Recommendations of REMJA; 2. Notice of meetings shall be announced in keeping with the Resolution of the Permanent Council of the OAS; 3. The Notice issued by the OAS General Secretariat inviting Member States to attend the Meeting shall be channeled through the appropriate departments. This shall not affect the right of the coordinating country and/or host country to issue courtesy invitations. 4. Negotiation of the agenda of the meetings within the Committee on Juridical and Political Affairs of the OAS; The second annual meeting of the Group will consider, in addition to any items pending, the choice of the coordinating country and the review of the work and decisions of the Group and the working subgroups; The final reports of the meetings of the Group will be put to the consideration of REMJA and/or the authority designated by REMJA for that purpose.

Coordination/Chair of the Working Group The Working Group will have a coordinating country that will chair the meetings of the Group and, together with the OAS General Secretariat, it will follow up the work undertaken between one meeting and the next. The members of the Group will chose one country from the group as the coordinating country for a one-year term. Working Subgroups The Working Group may set up working subgroups as deemed necessary to facilitate progress in certain areas and for certain needs of the Plenary of the Group. The Working Group shall establish the scope of activities to be undertaken by the subgroup and appoint a coordinator for that subgroup. The coordinator of the subgroup created shall present the Plenary of the Group with periodical or final reports of the results of the activities delegated to the subgroup. The results will be included in the report that the Group Coordinator must submit to REMJA and/or to the authority it designates for that purpose.

Support for the activities of the REMJA Working Group on Mutual Legal Assistance in Criminal Matters and Extradition The Working Group will recommend to REMJA that it ask the OAS General Secretariat to support, through the appropriate departments, the activities commissioned to the Group by the Ministers of Justice of the Americas and any authority it may designate for that purpose, and also that they support the needs of the Working Group. In order to do this, REMJA will be advised to ask the OAS General Secretariat, through its General Assembly, to: 1. Assist the Working Group in its activities; 2. When requested, submit opinions on the activities undertaken in connection with mutual legal assistance in criminal matters and extradition; 3. Liaise with the permanent missions to the OAS and the Working Group; 4. Participate in identifying and channeling funds to support the work and activities of the Working Group; 5. Submit to the bodies, agencies and entities of the OAS the reports necessary to guarantee compliance with the mandates where applicable.

Website The Working Group has its own Website with public and private pages; Maintenance of the Website shall be handled by the department deemed to be appropriate by the OAS General Secretariat; Website maintenance and content updating activities shall be undertaken by the OAS General Secretariat; The Working Group shall make recommendations to the OAS General Secretariat on Website information, modernization updating and architecture; The OAS General Secretariat shall present a report to the Working Group each year on the development and needs of the Website’s public and private pages.

Secure (Groove) The secure will be maintained, modernized and updated by the department appointed by the OAS General Secretariat for that purpose; users must respect the conditions of the user protocol; The regulations of the user protocol will be revised from time to time by the General Secretariat and the Working Group in order to keep them up to date, in line with system requirements; The OAS General Secretariat will provide a report on the status of the secure , whenever it is requested or is necessary, and may formulate recommendations to improve it; The Working Group must be consulted on any extraordinary decisions concerning the secure , that are liable to affect its configuration and other aspects of major significance.

RECOMMENDATIONS FOR THE INSTITUTIONALIZATION OF THE ACTIVITIES OF THE REMJA WORKING GROUP ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION