BAKU, Azerbaijan, September 30. Azerbaijani
Parliament has ratified the Second Additional Protocol to the
European Convention on Mutual Assistance in Criminal Matters during
today's plenary meeting, Trend's correspondent attending the parliamentary
session reports.
The Second Additional Protocol to the European Convention on
Mutual Assistance in Criminal Matters was signed in Strasbourg on
November 8, 2001. The protocol aims to improve the provisions of
the European Convention on Mutual Assistance in Criminal Matters of
April 20, 1959, and facilitate more effective international legal
cooperation in criminal matters.
The protocol expands the scope of mutual legal assistance,
clarifies procedures for submitting and executing requests for
assistance, and provides for direct contacts and electronic
communication between competent authorities of the parties. It also
regulates the questioning of witnesses and experts via
videoconference and telephone conference, the transmission of
information without a request, the temporary transfer of persons in
custody, witness protection, provisional measures, confidentiality
and personal data protection.
Furthermore, the protocol establishes cooperation mechanisms for
serving procedural documents and court decisions, cross-border
surveillance, controlled delivery, covert investigations and the
establishment of joint investigation teams.
Azerbaijan is expected to approve the protocol with relevant
reservations and declarations.
Under Article 33(2) of the protocol, Azerbaijan reserves the
right not to apply Articles 16, 17, 18, 19 and 20 of the protocol.
These provisions regulate the service of procedural documents and
court decisions by mail, cross-border surveillance, controlled
delivery, covert investigations and joint investigation teams.
According to Azerbaijan's declarations, the Ministry of Justice
and the Prosecutor General's Office of Azerbaijan will be
designated as central authorities for relevant requests and other
correspondence concerning mutual legal assistance. Requests sent
electronically or through other telecommunications means must
subsequently be submitted in writing in their original form.
Under the protocol, district (city) courts, courts of serious
crimes, appellate courts and the Prosecutor General's Office of
Azerbaijan will be considered judicial authorities for the
convention.
In addition, Azerbaijan will make declarations concerning the
conditions for using information transmitted without a request,
obtaining the consent of persons in custody for their temporary
transfer, and applying relevant safeguards related to the transfer
and use of personal data.
Moreover, it will also be declared that, until the consequences
of the conflict are eliminated and relations between Azerbaijan and
Armenia are normalized, the provisions of the protocol will not be
applied by Azerbaijan in its relations with Armenia.
Overall, the Second Additional Protocol is aimed at modernizing
mechanisms for mutual legal assistance in criminal matters,
enabling more flexible and efficient cooperation between the
competent authorities of the parties, and facilitating the use of
modern communication and procedural tools. The protocol also
provides safeguards to ensure respect for the fundamental
principles of national legislation, individual rights,
confidentiality and personal data protection when assisting.
Following discussions, the draft law on the approval of the
Second Additional Protocol to the European Convention on Mutual
Assistance in Criminal Matters was put to a vote and adopted in one
reading.
