The Challenge of Effective Judicial Cooperation

1. The Challenge of Effective Judicial Cooperation presentation byCTED GENERAL LEGAL ISSUES GROUP, INCLUDING LEGISLATION, EXTRADITION, AND MUTUAL LEGAL ASSISTANCE

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

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

4. 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.)

5. 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.

6. 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

7. 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

8. 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