Aras, V

Durdevich, Z

Gallagher, A

Ligeti, K

Vermeulen, Gert

Vervaele, J

English

Ghent University Academic Bibliography

International cooperation in criminal matters in the XXIst century: towards a new approach?Ancillary meeting | Thirteenth United Nations Congress on Crime Prevention and Criminal Justice | Doha, Qatar | 14 April 2015Speakers• 1. John Vervaele: Introduction• 2. Gert Vermeulen: Transnational criminal law and MLA- civil law perspective• 3. Anne Gallagher : Transnational criminal law and MLA- common law perspective• 4. Vladimir Aras: Experience  with MLA in Latin America• 5. Zlata Durdevich: MLA in the framework of the international criminal courts• 6. Katalin Ligeti: Defence rights in international cooperationVervaele: Introduction• Updating the tools (renewal) of existing treaty-framework• Updating the institutional design • Duty to cooperate and limited exceptions• Applicable law• The position of defense/victims• Updating Model Treaties: civil law-common law divide?Vermeulen• Need for direct cooperation• Need for enhanced expediency• Fuller regit actum principle• Telephone/conference hearings• JIT’s• Real-time investigative measures• Refusal grounds/defense/ne bis in idem• Corporate crime• Intelligence communityGallagher• Introduction: background and context• Common law challengesKey issue: origin of the request Problems of recognition Problems of delay A new approach? (Informal prosecutor to prosecutor contact followed by expedited formal procedures)• Trafficking in personsThe role of ILC in TIP casesObstaclesOpportunitiesThe ASEAN experienceArras• Lack of proper legislation on MLA and extradition• No rules to allow the free movement of evidence• No legal scheme for cooperation in border zones (cross-bordercooperation)• Poor capacity to enforce foreign judgments• No experience to transfer criminalproceedingsDurdevic• International cooperation with the ICC: status quo or improvements? • Vital importance of international cooperation for international criminal courts• Types of cooperation– investigative, procedural, administrative, political, diplomatic– mandatory / voluntary• Actors of cooperation and their obligations– state parties– non-party states– international organizations– civil society• Non-cooperation: reasons, justifications and excuses– lack of political will on national and international level– competing international obligations– subsidiarity: inadequate national legal framework– peace v. justice dilemma– statutory obstacles (domestic proceedings, national security interests) • New developments: status quo or improvements?Ligeti• MLA and the position of the defence: mere object of the cooperation between states? • Main challenges for the defence resulting from MLA- who is responsible for investigative measures undertaken in different countries?- how to control the legality of investigative measures undertaken abroad?- can the defence participate in the execution of MLA requests?- can the defence use MLA to collect evidence?• Need for a reformed MLA that provides for an improved equality of arms in the transnational setting by- granting the right to the defence to collect evidence by MLA,- allowing for the defence to participate in the execution of requests,- providing for violation of human rights as a ground to refuse MLA.• MLA should acknowledge the defendant as a legal subject with rights and remedies! 

International cooperation in criminal matters in the XXIst century: towards a new approach?

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International cooperation in criminal matters in the XXIst century: towards a new approach?

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Ghent University Academic Bibliography