9
a
In the event of urgency, requests for mutual assistance or
communications related thereto may be sent directly by judicial
authorities of the requesting Party to such authorities of the
requested Party. In any such cases, a copy shall be sent at the same
time to the central authority of the requested Party through the
central authority of the requesting Party.
b
Any request or communication under this paragraph may be made
through the International Criminal Police Organisation (Interpol).
c
Where a request is made pursuant to sub-paragraph a. of this article
and the authority is not competent to deal with the request, it shall
refer the request to the competent national authority and inform
directly the requesting Party that it has done so.
d
Requests or communications made under this paragraph that do not
involve coercive action may be directly transmitted by the
competent authorities of the requesting Party to the competent
authorities of the requested Party.
e
Each Party may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, inform
the Secretary General of the Council of Europe that, for reasons of
efficiency, requests made under this paragraph are to be addressed
to its central authority.
Article 28 –
Confidentiality and limitation on use
1
When there is no mutual assistance treaty or arrangement on the basis of
uniform or reciprocal legislation in force between the requesting and the
requested Parties, the provisions of this article shall apply. The provisions
of this article shall not apply where such treaty, arrangement or legislation
exists, unless the Parties concerned agree to apply any or all of the
remainder of this article in lieu thereof.
2
The requested Party may make the supply of information or material in
response to a request dependent on the condition that it is:
3
a
kept confidential where the request for mutual legal assistance could
not be complied with in the absence of such condition, or
b
not used for investigations or proceedings other than those stated in
the request.
If the requesting Party cannot comply with a condition referred to in
paragraph 2, it shall promptly inform the other Party, which shall then
determine whether the information should nevertheless be provided.
When the requesting Party accepts the condition, it shall be bound by it.
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